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Claims fees
From 1.4.2008, if the European patent application comprises more than 15 claims, claims fees will be payable for the 16th and each subsequent claim (Article 2.15 RFees, as amended), and therefore no longer for the 11th to 15th claims. Rules 45(1), 71(6) and 162(1) EPC are amended accordingly with effect from the same date (see CA/D 2/08). The new amount of the claims fee will be EUR 200.If a period for paying claims fees (Rule 45(1) and (2), Rule 162(1) and (2), Rule 71(3) EPC) starts before 1.4.2008 and expires on or after that date, payment of claims fees is subject to the current law up to and including 31.3.2008 and to the new law from 1.4.2008.
Communications issued under Rule 71(3) EPC (EPO Form 2004) from 1.4.2008 will continue to invite payment of further excess claims fees (Rule 71(6) EPC) only if the number of claims incurring fees which are to proceed to grant is greater than the number of claims for which fees were paid at the initial stage of the procedure (see Legal Advice 3/85 rev, OJ EPO 1985, 347). Any fees previously paid for the 11th to 15th claims will therefore be taken into account in the calculation of the further fees now due for the 16th claim onwards.
If a loss of rights occurs or has occurred as a result of failure to pay claims fees due under Rule 45(1), Rule 162(1) or Rule 71(6) EPC and Article 2.15 RFees, versions as in force until 31.3.2008, it may be remedied by a request for further processing (Rule 135 EPC) in respect of each claim concerned. In these cases the old amounts will be applied for the missing claims fees and the further processing fees even if the request is made on or after 1.4.2008.