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WEEKLY NEWS - DECEMBER 21, 2007

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This article is part of MIP Week, a weekly email newsletter written by the editors of Managing IP magazine. Take a one week trial to Managing IP and find many more related articles.

EPO raises punitive fees

James Nurton, London

European patent applicants will have to pay higher fees for filing more than 15 claims or writing applications with more than 35 pages under changes announced by the EPO

According to changes published on the EPO’s website, the fee for each claim from the 16th up to the 50th will be €200, while the 51st claim upwards will cost €500.

The fees for the 16th to 50th claims will come into effect on April 1 2008 and those for the 51st claim upwards will come into effect on April 1 2009.

Under the existing fees rules, a fee of €45 is charged for each claim after the first 10.

Among other changes made, a new fee of €12 a page is introduced for the 36th, and each subsequent, page of an application.

The changes come as patent offices worldwide are taking steps to curb large applications.

The USPTO’s plans to limit applicants to five independent and 25 total claims, which were introduced alongside limits on continuations, were due to come into effect on November 1 but are suspended after a Virginia judge granted an injunction against the USPTO. A full trial on the legality of the US changes is due to be heard early next eyar.

The EPO will also substantially increase renewal fees in April 2008. While the third-year renewal fee remains at €400, all subsequent renewal fees will be higher:

Fourth year: €500 (instead of €425)
Fifth year: €700 (instead of €450)
Sixth year: €900 (instead of €745)
Seventh year: €1,000 (instead of €770)
Eighth year: €1,100 (instead of €800)
Ninth year: €1,200 (instead of €1,010)
10th and subsequent years: €1,350 (instead of €1,065)

In addition, late payment of renewal fees will incur a 50% surcharge, compared to 10% at the moment.

Revenue from renewal fees is divided between the EPO and national patent offices.

Fees for filing, searching, designating contracting states and examination will be raised by smaller amounts, as will those for filing an opposition or appeal and for the preliminary examination of an international application.

Both sets of changes were agreed by the Administrative Council at its meeting on December 14.

Check back at www.managingip.com in the new year for reaction to the changes.



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