EUROPEAN PATENT CONVENTION REVISION

Last December 13, 2007 the revised European Patent Convention (“EPC2000”) came into effect. A total of seventeen contracting states signed the Act, which has as principal objective simplifying the patent application procedure before the EPO by eliminating unnecessary requirements and generalizes the BEST system (Bringing Search and Examination Together). It further makes the EPC itself more adaptable by transferring detailed provisions of a procedural or administrative character to the Implementing Regulations.

The key features of the new convention will be divided in two groups:

- Substantive changes: protection through a European Patent of all the inventions of “all technological areas”. Moreover, another key feature of the new convention includes the so-called limitation procedure which gives inventors the opportunity to restrict the scope of their patents across all contracting states, rather than only within the country concerned and the possibility of claiming priority of an application of a Member State of the OMC.
- Formal and procedural changes: The grant procedures as well as the opposition and appeal proceedings have been sensibly simplified.

As a consequence of the mentioned revision of the CPE, increase in the applicable fees has been announced by EPO. These changes will come into effect on 1st April 2008 and further changes and increases will follow one year later, on 1st April 2009.

As well as a general increase of between 5% and 6 % on the European Patent Office fees from 1st April 2008, the renewal fees will be increased on average by 30% and excess claims will also rise.