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.  

Note to Euro-PCT applicants using the automatic debiting procedure

For Euro-PCT applications comprising excess claims on entry into the European phase, claims fees are payable within the 31-month period under Rule 159(1) EPC (Rule 162(1) EPC).  

Since amendments filed subsequently within the period set by the communication pursuant to Rules 161 and 162 EPC (EPO Form 1226) may alter the number of claims, the EPO does not normally debit the claims fees under the automatic debiting procedure until the last day of this period (Rule 162(2) EPC and Information from the EPO concerning the automatic debiting procedure, Annex A.2 to the Arrangements for deposit accounts, Supplement to OJ 10/2007, p. 30).

However, in transitional cases in which the 31-month period specified in Rule 162(1) EPC expired before 01.04.2008 and the period under Rule 162(2) EPC as set by the communication pursuant to Rules 161 and 162 EPC (EPO Form 1226) expires on or after that date, the EPO will consider separately the number and amount of claims fees to be debited according to Rule 162(1) EPC as in force prior to 01.04.2008 and the number and amount of those to be debited according to Rule 162(2) EPC, as applicable from that date. Due account will also be taken of any entitlement to a refund under the provisions of Rule 162(3) EPC.

The Office may carry out a corrective booking of claims fees for this purpose.