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Increase in Claims Fee Costs
On 14 December 2007, the EPO made a decision to increase the fees for filing and prosecuting European patent applications, effective as of 1 April 2008. Most of the changes are uncontroversial and result in a small increase to the relevant fees.
However, buried in the detail is a much more significant and controversial change, which is that, as from 1 April 2008, the cost of claims fees will rise to €200 for every claim in excess of 15 (from the current €45 per claim). This is a punitive rate designed to encourage applicants to minimise the number of claims in their applications.
Even more significant changes are planned from 1 April 2009, when the 51st claim onwards will cost €500 each.
The cost implications of this change for applicants are enormous, since the 15 claim limit is very low and, in our experience, may not be sufficient to fully cover an invention. For example, an application with 25 claims will, from 1 April 2008, cost at least an additional €1325 in excess claims fees. It is at present unclear whether the intention is to make the first 15 claims free of charge, or whether the current charge of €45 will apply to claims 11 to 15.
In any case, it will become even more important for applications to be reviewed on filing to minimise the claim number, while maintaining a good scope of protection.
We will be fully considering the implications of these and other changes in the fees, and publishing a more detailed analysis in due course.
