European Patent Convention (EPC 1973)

Rule 37 Payment of renewal fees

R. 107

(1) Renewal fees for the European patent application in respect of the coming year shall be due on the last day of the month containing the anniversary of the date of filing of the European patent application. Renewal fees may not be validly paid more than one year before they fall due61.

(2)62 An additional fee shall be deemed to have been paid at the same time as the renewal fee within the meaning of Article 86, paragraph 2, if it is paid within the period laid down in that provision.

(3)63 Renewal fees already due in respect of an earlier application up to the date on which a European divisional application is filed must also be paid for the divisional application and fall due when the latter is filed. These fees and any renewal fee falling due within a period of four months from the filing of the divisional application may be paid without an additional fee within that period. If payment is not made in due time, the renewal fees may still be validly paid within six months of the due date, provided that the additional fee under Article 86, paragraph 2, is paid at the same time.

(4) Renewal fees shall not be payable for a new European patent application filed pursuant to Article 61, paragraph 1(b), in respect of the year in which it was actually filed and any preceding year.

61 Third sentence of paragraph 1 and paragraph 2 deleted by decision of the Administrative Council of 05.12.1986 which entered into force on 05.12.1986 (OJ EPO 1987, 4).

62 Inserted by decision of the Administrative Council of 20.10.1977 which entered into force on 01.02.1978 (OJ EPO 1978, 12 ff) - formerly paragraph (2a).

63 Amended by decision of the Administrative Council of 07.12.1990 which entered into force on 01.06.1991 (OJ EPO 1991, 4 ff).