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EPC RULE CHANGES 2009 Nicholas Fox

EPC RULE CHANGES 2009 Nicholas Fox. April 2009 Law Changes. Extra pages fee for applications with over 35 pages due on filing for applications filed on or after 1 April 2009 – Rule 38(2) EPC & RRF Art 2(1a)

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EPC RULE CHANGES 2009 Nicholas Fox

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  1. EPC RULE CHANGES 2009 Nicholas Fox

  2. April 2009 Law Changes • Extra pages fee for applications with over 35 pages due on filing for applications filed on or after 1 April 2009 – Rule 38(2) EPC & RRF Art 2(1a) • N.B. Extra pages fee for applications filed on or after 1 April 2009 no longer due on grant – RRF 2(7)

  3. April 2009 Law Changes • Individual designation fees replaced by a single designation fee for designating all contracting states for applications filed on or after 1 April 2009 – Rule 70(3) EPC & RRF 2(3) • Extra, excess claims fees for claims in excess of 50 – RRF 2(15)

  4. April 2009 Law Changes • Renewal fees can only be paid up to 3 months in advance – Rule 51(1) EPC Example problem: Applicant files a request to enter the European phase on 31 March 2009 for a PCT application filed 1 October 2007 claiming priority from an application filed 1 October 2006 requesting that the 3rd year renewal fee be deducted from their deposit account

  5. April 2009 Law Changes • Applicant has not expressly requested early processing. Therefore EPC forbidden to act before 30 month from priority – Art 23PCT • 30 months from priority is 1 April 2009. Therefore new rules apply. • Renewal fee not due until 1 October 2009 and hence fee cannot be paid until 1 July 2009 • Request ineffective have to pay fee at new rate and if not paid by 30 October 2009 must pay with 50% uplift

  6. NICHOLAS FOXnicholas.fox@ipasset.com

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