Legal framework
Under Article 86(1) EPC, renewal fees for a European patent application are due from the third year onwards, calculated from the date of filing of the European application. Under Article 86(2) EPC, the obligation to pay renewal fees to the EPO ends with the renewal fee due for the patent year in which the mention of grant is published.
Under Article 141 EPC, national renewal fees for a European patent may be imposed only for the years following the year in which the mention of grant is published. Fees falling due within two months of publication of the mention of grant are deemed validly paid if paid within that two-month period, without surcharge.
The filing date of EP1 is 2 September 2022. The mention of grant is to be published on 4 June 2025, i.e. during the third patent year. The first possible national renewal fees are therefore those for later patent years.
Statement a)
True.
For France, the EPO National Law table states that renewal fees are due on the last day of the month in which the date of filing occurred. Since EP1 was filed on 2 September 2022, the relevant month is September.
The mention of grant is published on 4 June 2025, during the third patent year. The next patent year begins in September 2025. Therefore, the first French national renewal fee is due on 30 September 2025.
Statement a) is therefore true.
Statement b)
False.
France is a contracting state to the London Agreement and has an official language in common with one of the official languages of the EPO. The EPO National Law table for France states: “No translation required under Art. 65(1) EPC.”
Therefore, no translation of the claims into French has to be supplied to the French national patent office.
Statement b) is therefore false.
Statement c)
False.
Italy does not have the same renewal-fee structure as France. The EPO National Law table for Italy lists national renewal fees starting from the 5th year, and the due date is the last day of the month in which the filing date occurred.
Since EP1 was filed on 2 September 2022, the fifth-year renewal fee falls due on 30 September 2026. The first Italian national renewal fee is therefore not due on 30 September 2025.
Statement c) is therefore false.
Statement d)
False.
Italy is not a contracting state to the London Agreement. The EPO National Law table for Italy states that a translation of the patent specification into Italian must be supplied under the conditions of Article 65(1) EPC.
The “patent specification” is not limited to the claims. It includes the description, claims and any drawings. Therefore, a translation of the description must be provided to the Italian national patent office.
Statement d) is therefore false.
Exam tip
For post-grant national renewal fees, always calculate from the European filing date, not the priority date. Then identify the patent year in which the mention of grant is published. National renewal fees start only for later patent years under Article 141 EPC, but the exact first payable year may differ by state. For translations, check whether the state applies the London Agreement: France requires no Article 65 translation, whereas Italy requires a full Italian translation.
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.