It is interesting to see the effect the last big increase in appeal fees (a 50% increase as of 1st April 2014) had on appeal behaviour.
From the Annual Reports of the Boards of Appeal one can derive the following table of appeals filed:-
Year | |||||||
2009 | 2010 | 2011 | 2012 | 2013 | 2014 | 2015 | |
ex parte appeals filed | 1226 | 1241 | 1310 | 1242 | 1200 | 996 | 864 |
inter partes appeals filed | 1249 | 1301 | 1347 | 1360 | 1315 | 1357 | 1523 |
The increase in fees has affected inter partes appeals less, with the number of appeals in opposition roughly tracking the number of grants (roughly 2.5% of grants end up with an appeal in opposition).
If a mere 50% increase in appeal fee has resulted in such a drastic change in applicant behaviour, what effect might the huge proposed increase have?
It is to be hoped that the Administrative Council will recognise that an effective appeal system is essential to maintaining quality at the EPO, and will not increase the appeal fee [at all].
It is to be hoped that the Administrative Council will recognise that an effective appeal system is essential to maintaining quality at the EPO, and will not increase the appeal fee [at all].
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