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A number of Patent Offices worldwide are taking steps to discourage large patent applications and consequently reduce the backlog of patent applications awaiting examination. The European Patent Office (EPO) has announced fee increases that take effect in 2008 and 2009, which are likely to discourage such patent applications. Some of the more substantial changes are discussed below.
Excess Claims Fees
Under the existing rules, a fee of EUR45 is payable for each claim in excess of 10. Under the proposed changes that come into effect on 1 April 2008, a fee of EUR200 will be charged for each claim in excess of 15. Claims in excess of 50 will attract a fee of EUR500 after 1 April 2009.
Length of Patent Specifications
A new fee of EUR12 for each page of a patent specification exceeding 35 pages will come into effect from 1 April 2008.
Designation Fees
Under the current rules, a designation fee of EUR80 is payable per country designated in a European patent application up to a maximum of seven. From 1 April 2008, the designation fee per country will be increased to EUR85. From 1 April 2009, the individual designation fees will be replaced with a single designation fee of EUR500, payable at filing. This will represent a modest saving for applications designating six or more countries.
Renewal Fees
Renewal fees will also generally be increased from 1 April 2008. In addition, late payment of renewal fees will incur a 50% surcharge, as opposed to the 10% surcharge currently levied.
Recommendations
The increased claims fees will be payable on all EP and PCT applications that are filed or enter the regional phase at the EPO after the date on which the fee increases take effect.
Accordingly, we recommend that our clients consider the following:
(i) For pending EP applications with large numbers of claims, consider reducing the number of claims. Multiple dependencies are allowed in Europe and do not incur multiple claims fees, as in the United States.
(ii) For non-PCT applications to be filed in Europe, consider filing early (i.e., before 1 April 2008 and particularly before 1 April 2009).
(iii) For pending PCT applications, consider entering the regional phase at the EPO early (i.e., ahead of the 31 month deadline).
(iv) For pending EP applications that may include multiple inventions, consider filing divisional applications early (i.e., before 1 April 2008 and particularly before 1 April 2009).
Please contact John Brass (john.brass@sprusons.com.au) for further information or your particular patent attorney at Spruson & Ferguson if you require advice in relation to a specific pending patent application. | 
