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.

For Further Information

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.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.