5.1.2 Amount of the fee

When the fees are generally increased, the date of payment is set as the relevant date for determining the amount of the fees (see Art. 2 of the Decision of the Administrative Council dated 5 June 1992, OJ EPO 1992, 344). Setting the date of payment as the relevant date makes it unnecessary as a rule to ascertain the actual due date for determining the amount of the fee. Fees cannot validly be paid before the due date (with the exception of renewal fees – see A‑X, 5.1.1). Thus, for example, the fee for grant and publishing cannot be validly paid in advance before notification of the communication under Rule 71(3).

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