Decisions of the Administrative Council
Decision of the Administrative Council of 6 March 2008 amending the Implementing Regulations to the European Patent Convention
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention, and in particular Article 33(1)(c) thereof,
Having regard to decisions CA/D 15/07 and CA/D 16/07 of 14 December 2007 amending the Rules relating to Fees,
On a proposal from the President of the European Patent Office,
Having regard to the opinion of the Committee on Patent Law,
HAS DECIDED AS FOLLOWS:
The Implementing Regulations to the EPC shall be amended as follows:
1. Rule 45(1) EPC shall be amended to read as follows:
"(1) Any European patent application comprising more than fifteen claims shall, in respect of the sixteenth and each subsequent claim, incur payment of claims fees as laid down in the Rules relating to Fees."
2. Rule 71(6) EPC shall be amended to read as follows:
"(6) If the European patent application in the text intended for grant comprises more than fifteen claims, the Examining Division shall invite the applicant to pay claims fees in respect of each additional claim within the period under paragraph 3, and, where applicable, paragraph 5, unless the said fees have already been paid under Rule 45 or Rule 162."
3. Rule 162(1) EPC shall be amended to read as follows:
"(1) If the application documents on which the European grant procedure is to be based comprise more than fifteen claims, claims fees shall be paid for the sixteenth and each subsequent claim as laid down in the Rules relating to Fees within the period under Rule 159, paragraph 1."
This decision shall enter into force on 6 March 2008.
Done at Munich, 6 March 2008
For the Administrative Council