Legal basis for levying renewal fees
Art. 84/L PA
Amount of fees
(plus any charges levied by banks)
Art. 3(7) FeeDecr
(a) Due date (in the patent year concerned)
(b) Time limit for payment (without surcharge)*
(c) Earliest possible date for payment
(a) Anniversary of date of filing
(b) 3 months from due date
If the first renewal fee is due within 3 months of the publication of the mention of grant in the European Patent Bulletin, the renewal fee may be paid within said 3 months without a surcharge.
Renewal fees which – in the case of revocation of a European patent as a result of an omission or a decision reviewed by the Enlarged Board of Appeal – would have been due after the revocation, may also be paid within a grace period of six months from the communication of the decision re-establishing the rights or re-opening proceedings before the Board of Appeal.
(c) Payment may not be made more than 2 months before due date.
Art. 23, 84/L(2), (3), 115/M(3) PA
Period of grace for payment of fees (with surcharge)
(a) 6 months from due date (the first 3 months without surcharge)
(b) 4th, 5th and 6th month: 50%
Art. 23, 115/M PA
Communication of a reminder in cases of non-payment
(a) provided for?
(b) date of despatch
(a) Yes, but not binding
(b) One payment reminder issued before the due date and another during the period of grace
Restitutio in integrum
(a) provided for?
(b) time limit for submitting application
(a) No, however, request for restoration of patent protection is possible
(b) Within 3 months of the end of the period of grace if double the amount of that year's renewal fee is paid within that period
Art. 40 PA
Appointment of a national professional representative for
(a) payment of fees
(b) communication of a reminder of non-payment
(c) proceedings in respect of restitutio in integrum
Unless an international treaty provides otherwise, foreign applicants whose permanent residence or seat is not in the territory of the EEA must appoint a professional representative who is entitled to act before the HIPO.
This professional representative does not have to be a national professional representative but must be domiciled in the EEA.
Art. 51(1), (4) PA
Information regarding lapse of patent in cases of non-payment of renewal fees
Publication in the official gazette of the HIPO, the "Szabadalmi Közlöny és Védjegyértesítő"
Entry in the patent register (available also from the HIPO website)
Art. 54, 56 and 56/A PA
* For first renewal fee to be paid, see Art. 141(2) EPC.