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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER XI FEES CHAPTER X DRAWINGS CHAPTER XII INSPECTION OF FILES; COMMUNICATION OF INFORMATION CONTAINED IN FILES; CONSULTATION OF THE REGISTER OF EUROPEAN PATENTS; ISSUANCE OF CERTIFIED COPIES  
5. Due date for fees 4. Date considered as date on which payment is made 6. Payment in due time  
5.1 General   5.2 Due date for specific fees  
5.1.1 Due date   5.1.2 Amount of the fee  

5.1.1

Due date

 

In the EPC, the term "due date" has a special meaning, namely the first day on which payment of a fee may be validly effected, not the last day of a period for such payment (see XI, 6 "Payment in due time"). The due date for fees is generally laid down by provisions of the EPC or of the PCT. If no due date is specified, the fee is due on the date of receipt of the request for the service incurring the fee concerned. A fee may not be validly paid before the due date. The only exception to that principle is with renewal fees, which may be validly paid up to one year before the due date (see XI, 5.2.4).

Art. 4(1) RFees

Rule 51(1), 2nd
sentence



Payments made before the due date which are not valid may be refunded by the EPO. If payment is made shortly before the due date, it is possible that the EPO will not return the payment. In this case, however, payment only takes effect on the due date. See XI, 5.2.4 regarding renewal fees for a European patent application.

 


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