(1)[ 71 ]
A renewal fee 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. The renewal fee in respect of the third year may not be validly paid more than six months before it falls due. All other renewal fees may not be validly paid more than three months before they fall due.
(2)[ 72 ]
If a renewal fee is not paid on the due date under paragraph 1, the fee may still be paid within six months of the said date, provided that an additional fee is also paid within that period. The legal consequence laid down in Article 86, paragraph 1, shall ensue upon expiry of the six-month period.
Renewal fees already due in respect of an earlier application at the date on which a divisional application is filed shall also be paid for the divisional application and shall be due on its filing. These fees and any renewal fee due within four months of filing the divisional application may be paid within that period without an additional fee. Paragraph 2 shall apply.
If a European patent application has been refused or deemed to be withdrawn as a result of non-observance of a time limit, and if the applicant's rights are re-established under Article 122, a renewal fee
which would have fallen due under paragraph 1 in the period starting on the date on which the loss of rights occurred, up to and including the date of the notification of the decision re-establishing the rights, shall be due on that latter date.
This fee and any renewal fee due within four months from that latter date may still be paid within four months of that latter date without an additional fee. Paragraph 2 shall apply.
which, on the date on which the loss of rights has occurred, was already due but the period provided for in paragraph 2 has not yet expired, may still be paid within six months from the date of the notification of the decision re-establishing the rights, provided that the additional fee pursuant to paragraph 2 is also paid within that period.
If the Enlarged Board of Appeal re-opens proceedings before the Board of Appeal under Article 112a, paragraph 5, second sentence, a renewal fee
which would have fallen due under paragraph 1 in the period starting on the date when the decision of the Board of Appeal subject to the petition for review was taken, up to and including the date of the notification of the decision of the Enlarged Board of Appeal re-opening proceedings before the Board of Appeal, shall be due on that latter date.
This fee and any renewal fee due within four months from that latter date may still be paid within four months of that latter date without an additional fee. Paragraph 2 shall apply.
which, on the day on which the decision of the Board of Appeal was taken, was already due but the period provided for in paragraph 2 has not yet expired, may still be paid within six months from the date of the notification of the decision of the Enlarged Board of Appeal re-opening proceedings before the Board of Appeal, provided that the additional fee pursuant to paragraph 2 is also paid within that period.
A renewal fee shall not be payable for a new European patent application filed under Article 61, paragraph 1(b), in respect of the year in which it was filed and any preceding year.
Amended by decision of the Administrative Council CA/D 13/17 of 13.12.2017 (OJ EPO 2018, A2), which entered into force on 01.04.2018.
Amended by decision of the Administrative Council CA/D 17/16 of 14.12.2016 (OJ EPO 2016, A102), which entered into force on 01.01.2017.
See notice from the EPO of 16.12.2016 concerning amendments to Rules 51(2) and Rule 162(2) EPC (OJ EPO 2016, A103).
Temporary suspension between 01.06.2020 until 31.08.2020 by decision of the Administrative Council CA/D 6/20 of 28.05.2016 (OJ EPO 2020, A70).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r51.html
Date retrieved: 17 May 2021
76 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO SE 3/2020, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2020, A130 - Notice from the European Patent Office dated 23 November 2020 concerning improvements in the online service for paying fees by credit card and the introduction of a new functionality facilitating payments by bank transfer
XOJ EPO 2020, A75 - Notice from the European Patent Office dated 29 May 2020 concerning the temporary suspension of the application of Rule 51(2) of the European Patent Convention with respect to the additional fee for belated payment of a [..]
XOJ EPO 2020, A70 - Decision of the Administrative Council of 28 May 2020 temporarily suspending the application of Rule 51, paragraph 2, EPC with respect to the additional fee, as referred to in Article 2, paragraph 1, item 5, of the Rules [..]
XOJ EPO 2020, A38 - Notice from the European Patent Office dated 30 March 2020 concerning the extension of periods for the payment of fees
XOJ EPO 2020, A3 - Decision of the Administrative Council of 12 December 2019 amending Articles 2 and 7 of the Rules relating to Fees ( CA/D 12/19 )
XOJ EPO SE 4/2019, p32 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 4/2019, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO SE 3/2019, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2019, A88 - Notice from the European Patent Office dated 2 October 2019 concerning termination of the restrictions on cross-border payments originating in Greece
XOJ EPO 2019, A21 - Notice from the European Patent Office dated 19 February 2019 concerning amendments of the Arrangements for deposit accounts (ADA)
XOJ EPO 2019, A20 - Decision of the President of the European Patent Office dated 19 February 2019 amending the Arrangements for deposit accounts (ADA)
XOJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2018, A2 - Decision of the Administrative Council of 13 December 2017 amending Rule 51 of the Implementing Regulations to the European Patent Convention (CA/D 13/17)
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]
XOJ EPO SE 5/2017, p2 - Notice from the European Patent Office dated 27 September 2017 concerning revision of the Arrangements for deposit accounts and their annexes
XOJ EPO 2017, A1 - Report on the 150th meeting of the Administrative Council of the European Patent Organisation (14 and 15 December 2016)
XOJ EPO 2016, A103 - Notice from the European Patent Office dated 16 December 2016 concerning amendments to Rules 51(2) and 162(2) EPC
XOJ EPO 2016, A102 - Decision of the Administrative Council of 14 December 2016 amending Rules 51 and 162 of the Implementing Regulations to the European Patent Convention (CA/D 17/16)
XOJ EPO 2013, 156 - Notice from the European Patent Office dated 21 February 2013 concerning the request for early processing
XOJ EPO 2008, 513 - Decision of the Administrative Council of 21 October 2008 amending the Implementing Regulations to the European Patent Convention (CA/D 4/08)
Case Law Book: III Amendments
Case Law Book: IV Divisional Applications
XCLR IV B 3.2.4 Examination procedure under the previous system (Rule 71 EPC and Rule 51(4) EPC 1973)