Guidelines for Examination
PART A
CHAPTER XI FEES
4. Due date for fees
4.1 General
4.1.1 Due date
 

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PART A
CHAPTER XI FEESCHAPTER XI FEES
4. Due date for fees4. Due date for fees
4.1 General4.1 General
       4.1.2 Amount of the fee4.1.2 Amount of the fee  
 

4.1.1

Due date

 

In the EPC, the term "due date" has a special meaning, namely the first day on which payment of a fee may be validly effected, not the last day of a period for such payment (see XI, 6 "Payment in due time"). The due date for fees is generally laid down by provisions of the EPC or of the PCT. If no due date is specified, the fee is due on the date of receipt of the request for the service incurring the fee concerned. A fee may not be validly paid before the due date. The only exception to that principle is with renewal fees, which may be validly paid up to one year before the due date (see XI, 4.2.4).

 

Art. 4(1) RFees

Rule 37(1), 2nd

sentence



Payments made before the due date which are not valid may be refunded by the EPO. If payment is made shortly before the due date, it is possible that the EPO will not return the payment. In this case, however, payment only takes effect on the due date. See XI, 4.2.4 regarding renewal fees for a European patent application.