EPO Fees

EPO to Raise Official Fees from April 2026 While Maintaining Key Procedural Charges

The European Patent Office (EPO) will introduce a new schedule of official fees with effect from 1 April 2026, following a decision of its Administrative Council on 11 December 2025 (CA/D 9/25). The update marks a return to biennial, inflation-based adjustments and will result in an average increase of approximately 5% across most procedural stages.

A number of core fees will be affected. The European search fee, examination fee, designation fee, grant and publication fee, as well as several renewal fees will increase. The following table illustrates the changes for selected procedural fees:

Despite the broad-based increase, several important fees will remain unchanged. Filing fees — whether submitted online or on paper — will not be increased. Nor will opposition fees, appeal fees, or additional page fees for applications exceeding 35 pages. Renewal fees for Unitary Patents will also remain at their current levels. By holding these fees steady, the EPO appears to be seeking to mitigate the impact on applicants at the filing stage and in contentious proceedings.

As a general rule, official fees must be paid at the rate prevailing on the date of payment. Consequently, fees paid on or after 1 April 2026 must be settled at the new, higher rate where applicable. However, the EPO has introduced a transitional safeguard. For six months following the entry into force of the new schedule — until 1 October 2026 — a fee mistakenly paid at the old rate will still be considered validly paid, provided that any shortfall is remedied within two months of an invitation from the Office.

 

 

EPO Practice

Fast-Track to Grant: Acceleration Options before the EPO

Applicants seeking quicker outcomes in European patent proceedings have several procedural tools available before the European Patent Office (EPO). Acceleration can be achieved through PACE requests, targeted waivers of certain communications, early entry into the European phase, and participation in the Patent Prosecution Highway (PPH). Each option has distinct procedural effects and formal requirements.

PACE: Accelerated Examination on Request

The Programme for Accelerated Prosecution of European Patent Applications (PACE) allows applicants to request faster examination once the application is under the responsibility of the examining division. The previously existing PACE for search has been discontinued. While a request may be filed at any time during examination, it is generally most effective when submitted after receipt of the European search report and with the response to the search opinion.

If a valid PACE request is granted, the EPO aims to issue the first examination communication within three months. However, PACE is subject to strict conditions. It applies only at the examination stage, and a second request for the same stage is not possible if the application has been removed from PACE, for example due to a request for extension of time. Applicants filing numerous requests may also be asked to limit them to genuinely urgent cases.

PACE is equally available for Euro-PCT applications, preferably upon entry into the European phase or together with the required response under Rule 161(1) EPC.

Waivers and Early Processing: Cutting Waiting Periods

Acceleration may also be achieved by waiving certain procedural communications that create waiting periods. For Euro-PCT applications, applicants can waive the communication under Rules 161 and 162 EPC upon entry into the European phase. If any required fees are paid and responses filed, the supplementary European search can start immediately rather than after the standard six-month period.

Applicants who request examination before the search report is transmitted may waive the invitation under Rule 70(2) EPC, allowing examination to proceed without further confirmation.

Early entry into the European phase before expiry of the 31-month deadline offers an additional option for acceleration. Early processing can be combined with the abovementioned waivers which otherwise will only be considered after the end of the 31-month period.

Patent Prosecution Highway (PPH): Leveraging Foreign Allowance

Under the PPH framework, applicants whose claims have been found allowable by a partner office may request accelerated examination of a corresponding European application before substantive examination begins.

Requests can rely on positive PCT work products or positive national examination results. Translations of these positive results and the underlying claims must be filed, together with a declaration of correspondence between the allowed claims and those pending at the EPO.

Once accepted, the application is processed more rapidly. While PPH requires prior allowance abroad and stricter eligibility criteria, PACE offers a more flexible route to speed up examination.

Together, the mechanisms described here provide applicants with effective strategies to reduce time to grant at the EPO. GULDE will help you to determine the best strategy for you.

 

 

EPO Patenting AI

The Framework for patenting Artificial Intelligence (AI) at the EPO

Strengthening European Patent Integration

"Moldova to Become the 40th EPC Member State"

On 25 March 2026, the Republic of Moldova completed the final step towards accession to the European Patent Convention (EPC) by depositing its instrument of accession. The accession will take effect on 1 June 2026, making Moldova the 40th contracting state of the European Patent Organisation (EPO).

Cooperation between the EPO and Moldova dates back to the mid-1990s, culminating in a validation agreement signed in 2013 and effective since 2015. Under this framework, applicants could already validate European patents in Moldova without filing a separate national application.

However, with accession Moldova will become automatically designated in all European patent applications and no validation fee will be required. This transition simplifies procedures and further harmonises patent protection across Europe.

Moldova's accession represents more than a numerical increase in EPC membership. It illustrates the continued convergence of European IP systems and the growing relevance of the EPC beyond the EU.

For practitioners, the change is operationally straightforward but strategically significant: a broader, more unified European patent landscape with fewer procedural barriers.

 

 

Tobias Nickel becomes new partner

Gulde & Partner expands partnership with Tobias Nickel

There is exciting news in the ongoing development of Gulde & Partner: Tobias Nickel, an experienced patent attorney who has been with Gulde & Partner since 2020, joined the firm as a new partner as of 1 January 2026.

Tobias Nickel studied physics with a focus on solid state physics as well as nanostructure and semiconductor physics at the University of Hamburg. In addition to semiconductors, he has gained in-depth knowledge in the fields of telecommunications and automotive engineering.

Since 2015, Mr. Nickel has been active in the field of intellectual property law, receiving his registrations as a German Patent Attorney in 2018, as a European Patent Attorney in 2019, and as a European Patent Litigator in 2023. As a dedicated expert, he works across the entire spectrum of intellectual property law, including patent prosecution, opposition proceedings and patent analysis. In the course of his work as a patent attorney, Mr. Nickel has also been successfully involved in several infringement proceedings and parallel nullity proceedings before the German Federal Patent Court. Since the UPCA came into force, his litigation practice has also extended to proceedings before the Unified Patent Court.

With him joining as a partner, the firm now has eight experienced partners who combine their extensive expertise and individual strengths to best serve the diverse needs of their clients.