T 1024/18 – Another turn of events for description amendments
This decision appears to bring description amendments back to the established norm.
The European Patent Office (EPO) has announced that its official fees will change from 1 April 2020.
The fee changes for many frequently paid official fees are summarised in the table below.
|Fee Type||Current fee (€)||New fee (€)||Increase (€)||Increase (%)|
|Filing fee – EP direct/EP-PCT entry – not filed online||250||260||10||4.00|
|Filing fee – EP direct/EP-PCT entry – filed online||120||125||5||4.17|
|Additional printing fee for 36th and each subsequent page||15||16||1||6.67|
|Designation fee – for all contracting states designated for applications filed on/after 1 April 2009||585||610||25||4.27|
|Renewal fee for the 3rd year||470||490||20||4.26|
|Examination fee – for applications filed before 1 July 2005 and for international applications filed on/after 1 July 2005 without supplementary search report||1,825||1,900||75||4.11|
|Examination fee – for applications filed on/after 1 July 2005||1,635||1,700||65||3.98|
|Fee for grant and printing (not more than 35 pages) or fee for grant including fee for publication||925||960||35||3.78|
|Fee for appeal – for an appeal filed by an entity other than those referred to in Rule 6(4) and (5) EPC (normal rate)||2,255||2,705||450||19.96|
|Fee for appeal – for an appeal filed by a natural person or an entity referred to in Rule 6(4) and (5) EPC (reduced rate)||1,880||1,955||75||3.99|
|Fee for further processing (late performance of acts)||255||265||10||3.92|
|Fee for further processing (non-fee related cases)||255||265||10||3.92|
|Claims fee – for the 16th and each subsequent claim up to the 50th||235||245||10||4.26|
|Registration of transfer||100||105||5||5.00|
|Certified copy (application, priority document, patent certificate, other documents)||50||105||55||110.00|
|Communication of information from the files||40||105||65||162.50|
|Additional copy of documents cited in search report||40||105||65||162.50|
Around half of the official fees will increase, at an average of about 4%. One notable exception is the appeal fee, which will increase by about 20%. However, the EPO will continue offering a reduced appeal fee to (i) small and medium-sized enterprises; (ii) natural persons; and (iii) non-profit organisations, universities and public research organisations. The appeal fee at the reduced rate will increase by about 4%.
All of the renewal fees will increase by about 4%. Third-year renewal fees may be paid up to six months in advance, and all subsequent renewal fees may be paid up to three months in advance. Accordingly, any renewal fees falling due in April, May or June 2020 can be paid ‘early’, before 1 April 2020, at the current lower rate.
By contrast, fees required by the EPO in relation to international (PCT) applications remain largely unchanged.
If you have any questions on the fee changes and how they may affect you, please contact a member of our team.