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February 12, 2008

The most significant structural changes in April 2008

With the new fee schedule of the European Patent Office, effective on 1 April 2008, the basis of the excess claims fee charged for claims will change. The aim of the change is to reduce the number of claims in applications.

Currently, an excess claims fee of 45 euros is charged for each claim beginning with claim 11. From 1 April 2008, the excess claims fee will be 200 euros for each claim and it is charged beginning with claim 16.

Further information at http://www.european-patent-office.org/epo/pubs/oj008/01_08/01_0058.pdf.

The most significant structural changes in April 2009

In April 2009 the European Patent Office will begin to charge additional fees in an attempt to further reduce the number of claims and the length of applications.

The excess claims fee will become a two-stage fee in April 2009. The above-mentioned excess claims fee of 200 euros for each claim will then apply to claims 16-50, and beginning with claim 51, a still higher excess claims fee of 500 euros will be charged for each claim.

In April 2009 the European Patent Office will also begin to charge a new additional fee on filing applications having more than 35 pages, the 36th and each subsequent page being charged at 12 euros. In other words, an additional fee based on the number of pages will have to be paid on filing an application comprising more than 35 pages. The additional fee of 12 euros for each page charged in connection with the printing fee remains unchanged.

In April 2009 the designation fee will also change into a fixed fee of 500 euros. The designation fee will then automatically cover all EPC member states. Currently, the designation fee is 85 euros for each state, and upon payment of seven times the amount of this fee (595 euros), all member states are designated.

Further information at http://www.european-patent-office.org/epo/pubs/oj008/01_08/01_0108.pdf.

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