News Item

New fee regime at the EPO

9 February 2009

On 1 April 2009, a new fee structure comes into force at the European Patent Office (EPO).

The new fee structure increases the fees payable on those applications that have a large number of claims and/or have long descriptions. Additionally the new structure introduces a flat designation fee as well as a flat fee for grant and publication.

Claims fees

From 1 April 2009, the claims fee payable in respect of the 16th to 50th claim will be EUR 200 per claim and the fee payable for the 51st and each subsequent claim will be EUR 500. These fees will be due on European applications filed, and on international applications entering the regional phase, on or after 1 April 2009.

Page fees

From 1 April 2009, a fee of EUR 12 per page will be payable as part of the filing fee on any applications comprising 36 pages or more. The description, claims, drawings and abstract will all count as part of the assessment of the number of pages of the application. The page fee previously payable for grant and publication will, however, not be payable on these applications. Rather, a flat fee for grant and publication will apply.

Designation fees

From 1 April 2009, newly filed applications will be subject to a single designation fee of EUR 500 regardless of how many states are designated. The current fee structure depends on the number of contracting states designated.

Further details about all of these changes can be found on the EPO website.

For clarification or advice contact your usual Marks & Clerk attorney or Kirsteen Gordon at kgordon@marks-clerk.com.