Ill-tidings from the EPO

The European Patent Office has chosen the start of the Christmas holidays to announce wide ranging changes their official fees. The changes will come into force in both April 2008 and April 2009.

April next year sees an across the board slight increase in most official fees, however two changes give particular cause for concern.

The first relates a fundamental change regarding the payment of excess claims fees. Under the current regime a fee of Euro 45 is payable for each claim in excess of ten. From 1st April 2008 there will be no fee payable for the first fifteen claims of a European or Euro-PCT application, however, the sixteenth and each subsequent claim will attract a fee of Euro 200.

The second change relates to an increase in the maintenance fees payable to the EPO in respect of pending European and Euro-PCT applications, particularly in later years. For example, the 6th year maintenance fee rises on 1st April 2008 from Euro 745 to Euro 900, while the 10th and subsequent year maintenance fee will rise from Euro 1065 to Euro 1350.

April 2009 will see a further change to the rules relating to excess claims fees, as well as a change to the payment of designation fees and the introduction of an excess page fee. From 1st April 2009 the excess claims fees will be calculated on the basis of a two tier system with a significantly higher fee (Euro 500) payable for the fifty first and each subsequent claim. The sixteenth and each subsequent claim up to the fiftieth will continue to attract a fee of Euro 200 per claim. Accordingly, claims 1 to 15 will continue to not attract any claims fees.

A single designation fee of Euro 500 will also be introduced in place of the current regime of a separate designation fee for each EPC contracting state up to a maximum of seven. Finally, a fee of Euro 12 will be payable for each page of a European patent application in excess of thirty five, but not counting pages forming part of a sequence listing.

We recognise that once these fee changes come into force, then the fees payable to the EPO by the majority of applicants of both European and Euro-PCT applications will significantly increase. We are presently formulating a set of strategies for the applicants of PCT applications due enter the EP Regional Phase on or after 1st April 2008 or 2009, European applications due for filing on or after 1st April 2008 or 2009, and pending European applications, and will publish our advice early in the New Year.

James Gray

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