Detailed Answer with Legal References
Statement a) — False
The 3rd renewal fee was due on the last day of the month of the 2nd anniversary → 29 Feb 2025 (Art. 86(1) EPC, Rule 51(1) EPC).
With the 6-month grace period (Rule 51(2) EPC, Rule 131(4) EPC), payment with surcharge was possible until 31 August 2025.
On 1 September 2025, the time limit had expired → payment no longer possible.
Statement b) — False
Further processing (Art. 121 EPC; Rule 135 EPC) is excluded for certain deadlines.
Under Rule 135(2) EPC, further processing is not available for the period under Rule 51(2) EPC (renewal fee payment with surcharge).
Therefore, the only remedy is re-establishment of rights (Art. 122 EPC).
Statement c) — True
To request re-establishment, the applicant must:
File the request (Art. 122(1) EPC).
Complete the omitted act (Rule 136(2) EPC).
Here, the omitted act is payment of the 3rd renewal fee (Art. 86 EPC; Rule 51 EPC).
Thus, payment of the renewal fee is required when filing the request.
Statement d) — True
Re-establishment requires proof that the applicant was unable to observe the time limit in spite of all due care required by the circumstances (Art. 122(1) EPC).
Evidence of due care must be provided with the request (Rule 136(2) EPC).
Exam Tip
Always distinguish between further processing and re-establishment:
- Further processing: available for most missed time limits, but not for renewal fees with surcharge (Rule 51(2) EPC).
- Re-establishment: available if all due care can be shown.
Carefully calculate renewal deadlines: due end of the anniversary month + 6 months with surcharge.
In re-establishment: you must (i) pay the fee for re-establishment, (ii) complete the omitted act, (iii) explain “all due care.”
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.