3.1.7.3. Missing payment after additional six-month period for paying renewal fees

The six-month additional period under Rule 13(3) UPR starts on the due day as referred to in Rule 13(2) UPR, even if the EPO cannot receive mail on that date because of holidays, a mail interruption or a strike. However, Rule 134(1) EPC will apply to the expiry of the six-month additional period such that the last day for valid payment will again be deferred to the first working day thereafter (see Rule 20(2)(g) UPR; OJ EPO 1992, 402; Rules 131 and 134 EPC).

When calculating the additional period under Rule 13(3) UPR, the established practice of the EPO is applied (EPC Guidelines, A-X, 5.2.4). It follows that the six-month period for the payment of a renewal fee with an additional fee expires on the last day of the sixth month after the due date in the light of Rule 13(2) UPR, and not on the day of that month corresponding in number to the due date. Thus, the calculation is to be made from the last day of the month to the last day of the sixth month thereafter (e.g. if the due date is 28 February, then the end of the six-month period will be 31 August and not 28 August; Rules 14(1)(b) and 14(2) UPR).

If the renewal fee is not paid within the additional six-month period referred to in 3.1.7.2, the EPO will send a communication under Rule 112(1) EPC (which applies mutatis mutandis pursuant to Rule 20(2)(d) UPR) notifying the proprietor of a loss of rights.

Failure to pay the renewal fee within the additional six-month period can be redressed by re-establishment of rights under Rule 22 UPR (see 4).

A review of the finding of the EPO causing the loss of rights may be requested by applying for a decision under Rule 112(2) EPC. An action against that decision can be brought before the UPC (Art. 32(1)(i) UPCA).