II. Safety net

Yes

A safety net mechanism is provided for in Article XI.83/1 CEL in case a request for unitary effect has been rejected by the EPO or by the UPC at the time when the deadline for the payment of the national renewal fee has expired. This is the link to the aforementioned provision of the Code of Economic Law (consolidated version): Article XI.83/1 CEL (French and Dutch texts).

The main features of this safety net are the following:

• restoration-type (restitutio in integrum) mechanism (no automatic extension of time limits);
• twofold safety net corresponding:
  • the patent proprietor will be required to establish that
    • the request for unitary effect was submitted to the EPO in due time (and was not withdrawn);
    • the request was rejected.
  • the request will have to be filed before the Belgian IP office two months (at the latest) after the date of the rejection decision;
  • after having its request processed and declared admissible, the patent proprietor will have a onefour month term to pay the overdue renewal fee(s).