Recent Changes To The European Patent Convention

Author:Mr Nutter McClennen & Fish's Practice Group
Profession:Nutter McClennen & Fish LLP

The European Patent Convention ("EPC 2000") came into effect on December 13, 2007 and represents the most significant change in European patent law since the European Patent Convention was first introduced in 1977. Recently, significant changes were made to the fee structure within EPC 2000. These changes apply to applications filed after April 1, 2009 and International Applications (PCT) which enter the European regional phase after that date. Applicants and practitioners should be aware of some of the important changes when considering their European filing strategy. A brief review of the changes to the fee structure is outlined below.

Excess Pages Fees

The excess pages fee is now due upon filing or upon entry into the European regional phase, instead of being payable as part of the grant fee. The new excess pages fee is €12 for each page of the specification (description, claims, abstract, and drawings) over 35 pages. For international applications, page count takes into account any changes made before European regional entry, but not any made subsequently.

Excess Claims Fees

A new higher excess claims fee of €500 for each claim over 50 is now due. The previous fee of €200 for the 16th through 50th claim is still applicable.

Designation Fees

Designation fees are payable when examination is requested, 6 months after publication of the European search report, or upon entry into the European regional phase. Previously, applicants paid a designation fee for each contracting...

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