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Beware of German patent office claims fees for PCT national phase entry!

June 3, 2018

This is a little practice note concerning excess claims fees in Germany and how the calculation differs from the EPO, USPTO and UKIPO.   The German patent office counts the claims according to the PCT application as originally filed not according to any amended version.  That means do not file a PCT application with a large number of claims thinking that you can reduce them on entry into the national phase.   Illogical though it may be - if you file a PCT application with 100 claims and enter the German national phase with 10 claims, you are still going to pay 90*30 EUR. 

 

 

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