Facts
- Parent EP-X filed: 23 May 2022 (first filing).
- Divisional EP-Y filed: 26 June 2025.
Questions concern (i) the 4th-year renewal fee for EP-X and (ii) the 3rd/4th-year renewal fees for EP-Y as a divisional.
Legal framework
- Rule 51(1) EPC: renewal fee for the coming year is due on the last day of the month containing the anniversary of the filing date.
- Rule 51(2) EPC: if not paid on the due date, it can still be paid within six months of that date provided an additional fee is also paid.
- Rule 51(3) EPC (divisionals): renewal fees already due for the parent at the filing date of the divisional are due on filing of the divisional. Those “back renewals” (and any renewal fee due within 4 months of divisional filing) may be paid within that 4-month period without additional fee; if not, late payment is possible with additional fee.
Answers to the statements
a) The renewal fee for the fourth year for EP-X was due on 31 May 2025. — True
EP-X filing date is 23 May 2022. The 4th-year renewal fee is due in the month containing the 3rd anniversary (i.e. May 2025), on the last day of that month → 31 May 2025 (Rule 51(1) EPC).
b) The renewal fees for the third and fourth years for EP-Y were due on 26 June 2025. — True
At the divisional filing date (26 Jun 2025), the parent EP-X already had:
- 3rd-year fee due (end of May 2024), and
- 4th-year fee due (end of May 2025).
Under Rule 51(3) EPC, renewal fees “already due” for the parent at the filing date of the divisional are also due for the divisional on its filing date. Therefore, EP-Y’s 3rd and 4th-year renewal fees are due on 26 Jun 2025.
c) The renewal fee for the fourth year for EP-X can be validly paid on 01 December 2025 together with the necessary additional fee. — True
Due date for the 4th-year fee is 31 May 2025 (see (a)).
Under Rule 51(2) EPC, payment with additional fee is possible within six months of the due date → 30 November 2025.
Since 30 Nov 2025 is a Sunday, the EPC “next working day” rule (Rule 134(1) EPC) moves the deadline to Monday 01 Dec 2025. Thus, paying on 01 Dec 2025 with the additional fee is valid.
d) The renewal fees for the third and fourth years for EP-Y can be validly paid without additional fee up to 02 February 2026. — False
For a divisional, Rule 51(3) EPC gives a 4-month window from the divisional filing date to pay “back renewals” without additional fee.
EP-Y filed on 26 Jun 2025 → 4 months ends 26 Oct 2025 (and if that day is not an EPO working day, it shifts to the next working day). There is no basis to extend the no-surcharge window to 02 Feb 2026. Hence statement (d) is false.
Exam Tip:
For divisionals, always ask:
- Which renewal fees were already due for the parent on the divisional filing date? → they become due on filing for the divisional (Rule 51(3)).
- No additional fee: you typically get 4 months from the divisional filing to pay those back renewals without surcharge.
- Grace period: missed due dates can still be cured within the relevant six-month period with an additional fee (Rule 51(2)).
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.