Facts
EP-Z was filed on 15 September 2022. The question asks about:
- when the third-year renewal fee is due,
- whether a four-month grace period exists,
- the legal consequence of non-payment, and
- whether further processing is available.
Legal framework
- 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.
- Rule 51(2) EPC: if not paid on the due date, it may still be paid within six months of that date provided an additional fee is paid within that period.
- Article 86(1) EPC: if renewal fee and additional fee are not paid in due time, the application is deemed to be withdrawn.
- Further processing exclusion: further processing is not available for renewal-fee time limits (Art. 121(4) EPC; Rule 135(2) EPC).
Answers to the statements
a) The renewal fee for the third year is due on 30 September 2025. — False
Filing date is 15 Sep 2022. The due date rule looks at the month containing the anniversary:
Month containing the third anniversary is September 2025, and the due date is the last day of that month, i.e. 30 Sep 2025.
But that due date corresponds to the renewal fee for the fourth year, because renewal fees are due “in respect of the third year and each subsequent year” and are paid in advance for the coming year.
So the statement is false.
b) A renewal fee may be paid at the latest within four months of the due date with additional fee. — False
The EPC grace period is six months, not four (Rule 51(2) EPC).
c) If a renewal fee is not paid in due time, the application is deemed to be withdrawn. — True
If the renewal fee (and, if relevant, the additional fee) is not paid in due time, Art. 86(1) EPC provides that the application is deemed withdrawn.
d) If the time limit for paying a renewal fee with additional fee is missed, further processing is available. — False
Further processing does not apply to renewal-fee time limits because it is excluded by Art. 121(4) EPC and Rule 135(2) EPC.
Exam Tip:
For renewal fees, remember this trio:
- Due date: last day of the month of the filing-date anniversary (Rule 51(1)).
- Grace: 6 months with additional fee (Rule 51(2)).
- Remedy: no further processing; think re-establishment instead (Art. 121(4), Rule 135(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.