Changes in European Patent Practice

European Patent Office Increases Claims Fees Effective April 1, 2008

On April 1, 2008, the European Patent Office (EPO) will change the rules for excess claims fees, with the effect that many applications will see a sharp rise in the amounts due. On that date the claim fee rules will change such that the first 15 claims will not incur fees, and the 16th and subsequent claims will each incur a fee of €200. On April 1, 2009, the claim fee rules will change again, so that the 16th and subsequent claims (up to 50) will each incur a fee of €200, while the 51st and subsequent claims will each incur a fee of €500. The fee changes of April 1, 2008 can be avoided by filing an application or entering the European regional phase and paying the fees before the April 1 effective date. Further, we recommend that applicants consider new strategies when drafting claims in patent applications that will be filed after April 1, 2008 under the Patent Cooperation Treaty (PCT) and in the European Patent Office.

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