New EPO fee increases for 2008 and 2009

The Administrative Council of the EPO announced on 14 December 2007 important new fee changes.

From 1st April 2008, an excess claim fee will be due for each claim in excess of 15 and the fee will be 200 euro per claim. This is a fairly large increase from the current 45 euro per claim in excess of 10. Existing Rule 45(1) EPC 2000 concerning the payment of excess claims fees has not been amended but we understand that the EPO are aware of the need to clarify whether fees are still due in respect of claims in excess of 10. We will update this information as soon as it is known.

There are further drastic new fee increases to take effect from 1st April 2009. The reason for later implementation of the fee increases is presumably to give applicants time to review cases which have not yet been filed at the EPO and take appropriate action over the coming 16 months where possible and/or appropriate.

Applicants who file applications with a large number of pages and/or a large number of claims will now be heavily penalised by the EPO as from the date of implementation on 1st April 2009.

There will be a charge of 12 euro for each page in excess of 35 in an application (not including sequence listings). There will also be a dramatic increase in the amount of excess claims fees. Following the introduction of an excess claims fee of 200 euro for the 16th and subsequent claim on 1st April 2008, there will be a further rise in 2009 for claims in excess of 50. On 1st April 2009 the excess claim fee for the 51st and subsequent claim will be 500 euro per claim. The excess claim fee for the 16th to 50th claims will remain 200 euro per claim.

The designation fee will also be simplified to a single payment of 500 euro which will secure all states. The present rule of payment of 7 times the amount of the designation fee (currently 80 euro) will be cancelled. This change is therefore significant for applicants that usually designate fewer than 7 states in a European application.

The Notices are published at

http://www.epo.org/patents/law/legal-texts/decisions/archive/14122007.html

http://www.epo.org/patents/law/legal-texts/decisions/archive/14122007a.html

To those who are contemplating filing a new European patent application, to discuss these changes and for more information on this topic, please contact Andrea Ruhrmann (aruhrmann@kstrode.co.uk) at Kilburn & Strode www.kstrode.co.uk, London, UK

The information contained in this alert is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

 

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