EPO claims fee increases

Article from our Summer 2008 edition of InsideIP.

The changes

The European Patent Office (EPO) increased its official fees on 1 April 2008. Generally the fee increases are modest, however, this is not the case for excess claims fees.

Previously a fee of 45 Euros was payable in respect of the 11th and each subsequent claim. Since 1 April 2008 a fee of 200 Euros is payable in respect of the 16th and each subsequent claim. Furthermore from 1 April 2009 a fee of 500 Euros will be payable in respect of any claims beyond 50. These fee changes will make lengthy sets of claims prohibitively expensive.

What can be done?

We will continue our practice of reducing the number of claims in an application in the window of opportunity provided for making claim amendments just after entry into the European regional phase, or prior to filing a non-PCT originated case. Additionally, we would appreciate any input you may have as to claims which are no longer considered important and so can be removed. We may also be able to suggest other ways to reduce the number of claims on a case-by-case basis.

Paul Derry 01 Jun 2008

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