"(1) The filing fee and search fee shall be paid within one month of filing the European patent application.
(2) The Rules relating to Fees may provide for an additional fee as part of the filing fee if the application comprises more than 35 pages.
(3) The additional fee referred to in paragraph 2 shall be paid within one month of filing the European patent application or one month of filing the first set of claims or one month of filing the certified copy referred to in Rule 40, paragraph 3, whichever period expires last."
Although there is already a page charge for having applications granted (under Rule 71(3) and A2 of the Rules relating to fees), this new fee will be payable for applications on filing. The actual fee has already been set by a previous decision at 12 Euros, although no prizes are offered for predicting that this will rise between now and next April (thanks to the commenter below for the reminder). The IPKat very much hopes that the EPO have learned some lessons in basic economics from the results of their decision to dramatically raise claims fees (by 400%) earlier this year, which appears to have backfired somewhat. Even the IPKat knows that if you raise taxes too much the likely effect will be to cause revenues to go down, as people make more efforts to avoid paying them. Would any readers care to take a guess at to what the page charges are actually going to be (or even what they should be)? Will they be the same, more or less than the 12 Euros already set?
So, the EPO are thinking about introducing an additional fee if the application is longer than 35 pages. Is it too difficult to work out how applicants will avoid this fee? How about using a smaller font? OK, this will lead to a formalities objection but that is after the filing of the application, so no fee payable.
ReplyDeleteThe AC decision CA/D 15/07 has already set the fee at 12 Euros.
ReplyDeleteWell spotted. However, no prizes for predicting that this will increase between now and next April.
ReplyDeleteI could hazard a guess as to why they will not just increase the examination fee: you can get a refund of it if they do not examine your application - there is no refund if you withdraw your designations!
ReplyDeleteThey can't abolish the designation fee and raise the examination fee because Art 79(2)EPC says that there is a designation fee.
ReplyDeleteOf course they could change that, but given that it took 7 years to ratify the last changes to the convention I wouldn't hold your breath. One could argue they should have changed Art 79(2) back in 2000, but perhaps they hadn't foreseen the need. They could however set the designation fee to zero and raise the examination fee. In the UK prior to the recent changes to the PA77 there was technically a filing fee (possibly called something else) that had been set at zero. Looks a bit messy to do that though.