J 0001/89 (Courtesy service) du 01.02.1990

I.1. The principle of good faith governing relations between the EPO and applicants (J 2/87, OJ EPO 1988, 330 and J 3/87, OJ EPO 1989, 3) also applies to courtesy services provided by the EPO where these are not worded so as to rule out any misunderstanding on the part of a reasonable addressee.

2. An applicant cannot rely on the EPO systematically providing certain courtesy services (in this case reminding him of the due date for payment of renewal fees) and therefore is not entitled to base a claim on their omission (confirmation of J 12/84, OJ EPO 1985, 108); if however the applicant does receive a notification provided by the EPO as a courtesy service, he can rely on its accuracy and completeness.

3. Where an applicant pays renewal fees in accordance with a misleading notification regarding the due date for payment of renewal fees, he is to be treated as if he has paid the renewal fee in due time.

II. If the commencement of the regional (European) phase is deferred until expiry of the 30th month after the filing date of the international application, the renewal fee for the third year is not due until after expiry of the 30th month, i.e. on the last day of the 30-month time limit (New legal position from 1.6.1991 (Rule 104b(1)(e) EPC). (Article 40 PCT; Article 150(2), third sentence, EPC). The period of grace for payment of the renewal fee with an additional fee is then to be calculated on the basis of the deferred due date.