Article 39

Payments by the Contracting States in respect of renewal fees for European patents

Art. 35, 40, 41, 47, 50, 141, 146, 147, 161, 176

(1)25 Each Contracting State shall pay to the Organisation in respect of each renewal fee received for a European patent in that State an amount equal to a proportion of that fee, to be fixed by the Administrative Council; the proportion shall not exceed 75 per cent and shall be the same for all Contracting States. However, if the said proportion corresponds to an amount which is less than a uniform minimum amount fixed by the Administrative Council, the Contracting State shall pay that minimum to the Organisation.

(2) Each Contracting State shall communicate to the Organisation such information as the Administrative Council considers to be necessary to determine the amount of its payments.

(3) The due dates for these payments shall be determined by the Administrative Council.

(4) If a payment is not remitted fully by the due date, the Contracting State shall pay interest from the due date on the amount remaining unpaid.

25 See decision of the Administrative Council of 08.06.1984 on the proportion of renewal fees for European patents to be remitted to the EPO (OJ EPO 1984, 296).

Cross-reference list
Art. 39 Art. 39

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