Watermark

Increased patent fees in Europe

12 March 2008
In December 2007, the EPO announced fee increases which will come into effect from 1 April 2008. Most of the increases are modest. However, excess claims fees and renewal fees have increased considerably.

Applicants are currently charged 45 Euro for each claim exceeding 10 at the time of filing an application in Europe. While the number of "free" claims will increase to 15 from 1 April, each claim over this threshold will attract a 200 Euro fee. A year on from this dramatic increase, a further surcharge of 500 Euro per claim over 50 will apply. Watermark therefore urges that careful consideration is given to the commercial value of dependent claims of very narrow scope before such claims are included in a European application.

Renewal fees have gone up by 20% or more for each renewal from the 4th year onwards. The increases will hit particularly hard later in the life of the patent (year 8 onwards). The EPO has also given a further incentive for applicants to pay their renewal fees on time – a 50% surcharge for late payment will now apply rather than the far more lenient 10% currently in place. It is possible to pay renewal fees up to a year in advance and so applicants may wish to consider getting in early before the fee increases come into effect. Full details of the changes are available at the EPO website.

Ken Simpson