Legal Evaluation of Each Statement
Facts
EP-Z was filed on 8 April 2023 as a first filing. The question concerns the renewal fee for the third year, late payment with surcharge, availability of further processing, and whether the third-year fee could have been paid on filing.
Legal framework
Article 86(1) EPC: renewal fees are due in respect of the third year and each subsequent year, calculated from the filing date. If not paid in due time, the application is deemed withdrawn.
Rule 51(1) EPC: a renewal fee “for the coming year” is due on the last day of the month containing the anniversary of the filing date. The Guidelines also summarise the special “early payment” rule: the 3rd-year fee may be paid up to 6 months before it falls due (others only 3 months).
Rule 51(2) EPC: late payment is possible within six months of the due date, provided an additional fee is paid within that period.
Further processing: for missed renewal-fee time limits, further processing is ruled out (Rule 135(2) EPC), but re-establishment may be available instead (outside this question).
Legal Evaluation of Each Statement
a) The renewal fee for the third year was due on 30 April 2025. — True
Filing date: 8 April 2023. The renewal fee “for the coming year” (here: the third year) falls due on the last day of the month containing the filing-date anniversary, i.e. the month April 2025 → 30 April 2025.
b) Paying the renewal fee with the additional fee on 9 October 2025 is valid. — True
Due date: 30 April 2025. Under Rule 51(2) EPC, the fee can still be paid within six months of that date with the additional fee. Six months from 30 April 2025 ends on 30 October 2025, so payment on 9 October 2025 is in time.
c) If the applicant misses the renewal-fee time limit, he may request further processing. — False
Further processing is excluded for renewal fees (Rule 135(2) EPC), as confirmed by the Guidelines.
d) The third-year renewal fee could have been validly paid on filing. — False
Rule 51(1) EPC (as reflected in the Guidelines) allows the third-year renewal fee to be paid up to six months before it falls due, not earlier. For a due date of 30 April 2025, the earliest valid payment date would be 30 October 2024. Therefore, it could not have been validly paid on 8 April 2023.
Exam Tip:
For renewal-fee questions, anchor on three checkpoints:
- Due date = last day of the month containing the filing anniversary (Rule 51(1)).
- Grace period = 6 months with surcharge (Rule 51(2)).
- Remedy: no further processing; think re-establishment instead.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.