Haseltine Lake - European Patent and Trade Mark Attorneys - Intellectual Property Advice
 

EPO Fee Changes From 1 April 2009

March 2009

As of 1st April 2009 a new fee structure comes into force at the European Patent Office (EPO).

The new fee structure penalises applications with a large number of pages and/or a large number of claims. It will apply to European patent applications (including divisionals) filed on or after 1 April 2009 and to International applications entering the European regional phase on or after that date.

Claims Fees

For European patent applications filed, and international applications entering the regional phase, on or after 1 April 2009, the claims fee payable will be:

For the 1st to 15th claim: No fee
For the 16th to 50th claim: EUR 200
For the 51st and each subsequent claim: EUR 500

For European patent applications filed, and international applications entering the regional phase, before 1 April 2009, the claims fee payable will continue to be:

For the 1st to 15th claim: No fee
For the 16th to 50th claim: EUR 200
For the 51st and each subsequent claim: EUR 200

Page Fee

For European patent applications filed, and international applications entering the European regional phase, on or after 1 April 2009,the filing fee will comprise the basic (existing) filing fee and EUR 12 per page for the 36th and each subsequent page of the application. The page fee previously payable for publication on grant will not apply to these applications. Only a flat rate grant fee (EUR 790) will apply. However, in relation to European patent applications filed, and international applications entering the European regional phase, before 1 April 2009 a page fee (EUR 12) for publication on grant will still apply, in addition to the flat rate grant fee.

Designation Fees

European patent applications filed, and international applications entering the regional phase, on or after 1 April 2009, will be subject to a single, flat rate designation fee of EUR 500. This covers the designation of all contracting states, unless individual designations are expressly withdrawn. In relation to European patent applications filed, and international applications entering the European regional phase, before 1 April 2009 individual country designation fees (EUR 85, up to a maximum of 7 fees) will still apply.

Renewal Fees

Previously, renewal fees for European patent applications could be validly paid up to one year before their due date. As from 1 April 2009, this period will be reduced to three months before the due date. This change applies to all applications, irrespective of the date of filing or date of entry into the European regional phase. Renewal fees received up to one month before the start of the three-month period will be retained by the Office, but the payment will not take effect until the first day of the pre-payment period.





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