I. Important changes in the Rules of the EPC
1. Time limit of filing of Divisional applications
Applicants will no longer have the opportunity to file divisional applications at any time during the pendency of a European application. According to the new rules, in addition to the pendency of the application, there will be a further strict time limit for the filing of both voluntary and mandatory divisionals.
2. Restriction of search on applications containing multiple independent or unclear claims
By decision of March 25, 2009 The EPC provides that, except for specific situations, a European application may not contain multiple independent claims of the same category (Rule 62a).
These changes will take effect for Search Reports drawn up from April 1,2010 onwards.
3. Response to the Extended European Search Report is made mandatory
In order to expedite the prosecution of European applications, the EPO is introducing a rule change such that a response to the Extended European Search Report is made mandatory (new Rule 70a).
For international applications where the EPO acted as the ISA, the Communication issued under Rule 161 shortly. This amended Rule 161 will apply for all communications issued on or after April 1, 2010.
II. New EPO fee structure introduced as of April 1, 2009
1. Two-tier system of claims fees
For a European application comprising more than 15 claims, a claims fee of EUR 200 is payable for the 16th to the 50 th subsequent claim and a claims fee of EUR 500 is payable for the 51st and each subsequent claim. It is important to note that for international applications, it is possible to reduce the number of claims upon entry into regional phase.
2. Additional page fee for applications with more than thirty-five pages
The filing fee has been amended to be composed of two parts: a “basic fee” and an additional fee of EUR 12 for each page over thirty-five.European applications filed prior to April 1, 2009 and international applications which entered into regional phase before April 1, 2009 remain subject to the old fee structure.
3. Introduction of a flat fee for grant
For European patent applications (including European divisional applications) filed on or after April 1, 2009 and international applications having entered or entering the regional phase on or after April 1, 2009, i.e. those applications subject to the additional fee described above, a flat fee for grant and publication applies (payment of page fees for pages over 35 is no longer required).
4. Introduction of a flat designation fee – one flat designation fee of EUR 500 is payable, covering the designation of one or more (up to all) Contracting States.
Source: www.dcbpatent.com
