I filed a request for unitary effect and want to pay the renewal fee that is due at the end of the month. When can I pay it?

A renewal fee for a Unitary Patent becomes due only after the unitary effect has been registered. Therefore, you will not be able to pay the fee before that date.

Once you have been notified by the EPO of the decision to register unitary effect, the Unitary Patent takes effect on the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin (Art. 4(1) Regulation (EU) No 1257/2012; see also Recital 8 Regulation (EU) No 1257/2012, Rules 7(1)and 13(3) and (5) UPR).

A renewal fee may fall due after the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin but before or on the day of the notification of the registration of the unitary effect by the EPO (Rules 7(1) and 13(5) UPR). In such cases, the due date for the payment of the renewal fee is shifted to the date of the notification of the registration. The renewal fee may be paid within three months of this notification without any additional fee (Rule 13(5) UPR).

Shift of the due date for the payment of the renewal fee under Rule 13(5) UPR:

A similar safety period exists for renewal fees falling due within three months of the notification of the communication referred to in Rule 7(1) UPR (i.e. EPO Form 7030, informing the requester of the date of registration of unitary effect). The renewal fee may be paid within that three-month period without any additional fee under Rule 13(3) UPR (see also Rule 13(4) UPR).

Three-month safety period under Rule 13(4) UPR: