European Patent Office Rules Changes Are Imminent, Including Official Fees.

Originally published February 29, 2008

Rules changes pending in the European Patent Office (EPO), including changes in official fees, are to become effective April 1, 2008 and April 1, 2009. Certain official fees can be avoided by taking action to attend to paying official fees due for 2008 before April 1.

Annual renewal fees payable in pending EPO patent applications (sometimes called "annuities" or annual "taxes") are to increase between 18% and 27%. The larger percentage increase is applicable to longer-pending applications.

Late payment surcharges due when paying an annual renewal fee within the six-month late payment grace period are to be increased by a factor of five (i.e., 500%).

To avoid unnecessary renewal fees, annual taxes due in 2008 should be paid before the fee increases become effective on April 1, especially if the annual renewal is already in its grace period.

Other rules changes will affect choices made by applicants when filing new EPO applications now and in the future, such as increased official fees payable in applications with claims and/or pages numbering over certain limits. Any "large" applications that are close to being filed should be expedited and submitted before April 1 to avoid the increased fees. Applicants should consider limiting the number of pages and claims in future applications.

If you have any questions about this Alert or would like more information, please contact Stephan P. Gribok or any other member of the Patents Law Practice Group.

This article is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The description of the results of any specific case or transaction contained herein does not mean or suggest that similar results can or could be obtained in any other matter. Each legal matter should be considered to be unique and subject to varying results. The invitation to contact the authors or attorneys in our firm is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.

Duane Morris LLP, one of the 100 largest law firms in the world, is a full-service firm of more than 650 lawyers. In addition to legal services, Duane Morris has independent affiliates employing approximately 100 professionals engaged in other disciplines. With offices in major markets in the United States and internationally, Duane Morris represents clients across the U.S. and around the world.

Mr Stephan Gribok

Duane Morris LLP

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