Detailed Answer with Legal References
Statement a) — True
According to Article 86(2) EPC, the obligation to pay renewal fees to the EPO ends with the payment of the fee due for the year in which the mention of the grant is published. Since the mention was published in January 2025, the renewal fee due for 2025 is the last one payable to the EPO. After grant, renewal fees must be paid to the national patent offices of the designated states (here, Germany and France).
Statement b) — True
Per Article 99(1) EPC, opposition must be filed within nine months of the publication of the mention of grant. The mention was published on 24 January 2025, so the deadline is 24 October 2025. As per Rule 131(4) EPC, if the end date falls on a day with the same number in the calendar month, that day is the deadline. Hence, the answer is correct.
Statement c) — False
Under Article 64(3) EPC, any infringement of a European patent is governed exclusively by national law. The EPO is not competent to decide on infringement matters, even if opposition proceedings are pending. This falls within the competence of national courts, such as those in France or Germany.
Statement d) — False
A European patent gives the proprietor a right to exclude others from exploiting the invention (Article 64(1) EPC), but it does not confer a positive right to use the invention. This means the proprietor may still be restricted by other laws or third-party rights (e.g. regulatory laws, prior patent rights, etc.). Thus, owning a patent does not guarantee freedom to operate.
Exam Tip
Remember that a European patent grants exclusive rights, not permission to exploit the invention. Always distinguish between negative rights (exclusion) and positive rights (freedom to operate). Also, be precise about jurisdiction: EPO handles validity; national courts handle infringement.
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.