Hmm.. need a break in the trademark-related entries from our US colleague at Cantor Colburn?  ;-)

As usual the EPO has a new schedule of fees ready for 1 April with most fees being raised by 5% or other like fair amounts.

Beware of the new claim fees and annual maintenance fees, however !!

As you know, the EPO charges a fee, currently 45 EUR, for each claim above 10 claims. Starting from 1 April 2008, this is changed to a fee of 200 EUR for each claim above 15 claims. A raise of this order seems to be a political tool for having us reduce the number of claims. This is further emphasized by yet another fee change scheduled for 1 April 2009, where in addition each claim above 50 claims is going to cost the ridiculous amount of 500 EUR, each! In practice, few European patent applications will have more than 15, and none more than 50, claims in a near future, I guess.

 Another apparently political fee increase is the increase in annual maintenance fees. Currently the fees are 400 EUR - 450 EUR for each of the 3rd, 4th and 5th year, and then jumps to 745 EUR - 1065 EUR for each of the subsequent years. Old lesson: get the applications granted within the first 5 years (as you know after grant of a European patent the payment of maintenance fees are national issues, and not an EPO issue).

From 1 April 2008, the maintenance fees are increased as follows:

• 3rd year: 400 EUR
• 4th year: 500 EUR
• 5th year: 700 EUR
• 6th year: 900 EUR
• 7th and subseq. years: 1000 EUR - 1350 EUR

The lesson I learn from this is: Try to get the patents granted sooner, preferably within 4 years. As most of our EP applications are Euro-PCT applications, we will have 1½ year to complete the entire grant procedure before it gets expensive. Good luck!

Link to new EPO fees as from 1 April 2008: http://www.european-patent-office.org/epo/pubs/oj008/01_08/01_0058.pdf

Link to new EPO fees as from 1 April 2009: http://www.european-patent-office.org/epo/pubs/oj008/01_08/01_0108.pdf