European Patent Guide – Contents
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  6. 5.9 Renewal fees
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Chapter 5 – The European patent grant procedure

Overview

5.9 Renewal fees 

5.9.001You are required to pay renewal fees to the EPO in respect of your European patent application. These are due in respect of the third and each subsequent year, calculated from the date of filing. 

Art. 86
R. 51
Art. 2(1), item 4, RFees

5.9.002Renewal fees in respect of the coming year are due on the last day of the month in which the anniversary of the date of filing falls. For fee amounts and payment methods see points 4.3.017 and 4.3.018.

R. 51(1)

5.9.003Payment may still be validly made up to six months after the due date, provided that an additional fee equal to 50% of the belated renewal fee is paid within the same period. The EPO will normally send you an information letter if the renewal fee has not been paid by the due date; however, you are not entitled to base any claims on the omission of this courtesy service. Renewal fees may not be validly paid more than three months in advance of the date on which they fall due. The sole exception is the renewal fee for the third year, which may not be validly paid more than six months before it falls due. 

R. 51(2)
Art. 2(1), item 5, RFees
GL A‑X, 5.2.4

5.9.004If you fail to pay the renewal fee and any additional fee in due time, the application is deemed to be withdrawn. As a means of redress you may request re-establishment of rights under Article 122 (see also point 5.10.008). Further processing under Article 121 is not available.

Art. 86(1)
R. 135, 136

5.9.005The last renewal fee payable to the EPO in respect of a European patent application covers the patent year in which the mention of the grant of the patent is published (see point 5.4.014 ff).

Art. 86(2)

5.9.006Renewal fees falling due between the date of grant of the European patent and the expiry of its term are payable to the central industrial property offices of the designated states in which you have validated it. For more details refer to National law relating to the EPC (see point 2.1.004).

Art. 63, 141

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