EPO FIXES THE AMOUNT OF THE ADDITIONAL FEE IN THE CASE OF A DIVISIONAL APPLICATION FILED IN RESPECT OF ANY EARLIER APPLICATION WHICH IS ITSELF A DIVISIONAL APPLICATION
As a follow-up to the LAVOIX Munich IP ALERT of October 2013 (cf. LAVOIX website), by a decision of the Administrative Council of 13 December 2013 (cf. EPO website), the EPO has now fixed the amount of the additional fee for second and further generation divisional applications as follows:
- Fee for a divisional application of second generation: 210 EUR
- Fee for a divisional application of third generation: 420 EUR
- Fee for a divisional application of fourth generation: 630 EUR
- Fee for a divisional application of fifth or any subsequent generation: 840 EUR
The increase of the filing fees from one divisional generation to another is aimed at discouraging the filing of what the EPO perceives as excessive divisional applications when amended Rule 36 EPC takes effect on April 1, 2014. The actual dissuasive effect of these fees will have to be assessed in the future.
If you have any questions regarding this matter, feel welcome to contact LAVOIX Munich.
Publication date : February 2014