- UPC: Ratification of the UPC agreement by Germany
Although with some delay, Germany has finally announced in a statement of the federal Ministry of Justice that it has ratified the Agreement on a Unified Patent Court. The specific date on which the UPC will start is defined by the first day of the fourth month after the deposit of the German instrument of ratification and, thus, the UPC will enter into force on June 1, 2023.
The sunrise period for opting-out will be initiated on March 1, 2023, which will offer applicants and patentees before the EPO the opportunity to exclude the UPC’s competence for possible revocation actions and align these competences solely to the national courts.
Furthermore, there seems to be a reasonable interest in the new system as announced by the EPO indicating that: „Since the EPO launched its transitional measures on 1 January to encourage an early uptake of the new system, more than 2 200 requests for unitary effect and/or for delay of grant have been filed.“ Our qualified attorneys are pleased and look forward to assisting all our clients in any matters concerning to the new system.
- Increase of annuity fees for European patents (effective: April 1, 2023)
Based on a recent decision of the President of the EPO the Office´s fees and expenses will be increased by April 1, 2023. The following tables give an overview about the official fees falling due upon entry of the European regional phase of a PCT application (table 1) and the annuity fees for EP patent applications (table 2) before and after April 1, 2023:
| Official fee | Fee before April 1, 2023 | Fee from April 1, 2023 |
| Filing fee (online) | EUR 130.00 | EUR 135.00 |
| Search fee | EUR 1390.00 | EUR 1460.00 |
| Designation fee | EUR 630.00 | EUR 660.00 |
| Examination fee | EUR 1750.00 | EUR 1840.00 |
| Additional fee for the 36th and subseq. | (EUR 16.00) | (EUR 17.00) |
| Additional claim for the 16th and subseq. | (EUR 250.00) | (EUR 265.00) |
| Additional claim for the 51th and subseq. | (EUR 630.00) | (EUR 660.00) |
| Patent Year | Fee before April 1, 2023 | Fee from April 1, 2023 |
| 3 | EUR 505.00 | EUR 530.00 |
| 4 | EUR 630.00 | EUR 660.00 |
| 5 | EUR 880.00 | EUR 925.00 |
| 6 | EUR 1125.00 | EUR 1180.00 |
| 7 | EUR 1245.00 | EUR 1305.00 |
| 8 | EUR 1370.00 | EUR 1440.00 |
| 9 | EUR 1495.00 | EUR 1570.00 |
| 10 | EUR 1690.00 | EUR 1775.00 |
Therefore, an applicant can save at least EUR 195.00, when entering the European regional phase of a PCT application prior to April 1, 2023.
Please rest assured that we will keep you further duly informed about any new developments.
However, if you have any questions or wish to obtain advice regarding the upcoming new developements, please do not hesitate to contact your usual attorney of the highly experienced team of Dr. Schön, Neymeyr & Partner mbB or email us via mail@schoen-partner.de.
Sincerely yours,
Dr. Christoph Schön
Ulrich Neymeyr
Dr. Susanne Schön
