European patent - Payment of renewal fees, Part 2

Submitted by European Patent... on Mon, 2020-06-22 16:54

According to Rule 51 of the European Patent Convention (EPC) Implementing Regulations (IR)

(3)

Renewal fees already due in respect of an earlier application at the date on which a divisional application is filed shall also be paid for the divisional application and shall be due on its filing. These fees and any renewal fee due within four months of filing the divisional application may be paid within that period without an additional fee.

If a renewal fee is not paid on the due date under paragraph 1 of this rule, the fee may still be paid within six months of the said date, provided that an additional fee is also paid within that period.

If a renewal fee is not paid in due time (upon expiry of the six-month period), the application shall be deemed to be withdrawn. 

 

(4)

If a European patent application has been refused or deemed to be withdrawn as a result of non-observance of a time limit, and if the applicant's rights are re-established under Article 122 of the EPC , a renewal fee

 

(a)

which would have fallen due under paragraph 1 of this rule in the period starting on the date on which the loss of rights occurred, up to and including the date of the notification of the decision re-establishing the rights, shall be due on that latter date.

This fee and any renewal fee due within four months from that latter date may still be paid within four months of that latter date without an additional fee.

If a renewal fee is not paid in due time (upon expiry of the four-months period), the application shall be deemed to be withdrawn. 

 

(b)
 

a renewal fee which, on the date on which the loss of rights has occurred, was already due but the period provided for in paragraph 2 of this rule has not yet expired, may still be paid within six months from the date of the notification of the decision re-establishing the rights, provided that the additional fee pursuant to paragraph 2 of this rule, is also paid within that period.

 


Prepared by European Patent Registration and Consulting Services
prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law & Trade from Liechtenstein

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