NEW EPO FEES - EFFECTIVE 1 APRIL 2010
February 2010
The new levels applying to fee payments on or after 1 April 2010 represent an increase of around 5%. Although in some cases early payment of fees might be considered in order to avoid the increase, the potential benefit will need to be balanced against available budget resources and the additional administrative cost and effort of bringing forward actions needed to enable fees to be paid early.
FEES DUE ON FILING OF NEW DIRECT EP APPLICATIONS AND NEW EURO-PCT APPLICATIONS
New direct EP applications must be filed before 1 April 2010 to enable applicable fees (normally only the filing and search fees – possible page and claim fees are not considered here) to be paid before that date. The saving on the normal fees would be €60. New Euro-PCT applications must enter the European regional phase before 1 April 2010 to enable applicable fees (normally only the filing, search, examination and designation fees) to be paid before that date. The saving on the normal Euro-PCT fees would be €160.
GENERAL FEES ON PENDING APPLICATIONS
Only if the term for payment of the relevant fee has already started before 1 April 2010 can the fee concerned be paid before that date. The maximum saving on a main EPO fee would be €75 (examination fee).
EPO RENEWAL FEES
The EPO has restricted the early payment period for renewal fees to three months. This means that only renewal fees normally due in April, May and June 2010 could be paid early (before 1 April 2010) to avoid the fee increase. The saving ranges from €20 to €70 depending on the renewal fee due.
EPO DIVISIONALS
The new version of Rule 36(1) EPC which comes into force on 1 April 2010 sets deadlines for the filing of divisional applications. Transitional provisions mean that no deadline can expire before 1 October 2010. However, since “retrospective” renewal fees are usually payable for divisionals, savings could be made by filing any contemplated divisional before 1 April 2010 and paying the relevant fees, including the “retrospective” renewal fees, before that date. We realize that the administrative cost and effort involved in bringing forward the filing of divisionals, and budgetary considerations, may make the filing of contemplated divisionals before 1 April 2010 impractical.
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