Renewal fees for a European patent application in respect of the coming year are 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 due. Renewal fee payments which are not valid will be refunded by the EPO. If payment is made only shortly before the permissible prepayment period, the EPO may elect not to return the payment. In this case, however, payment only takes effect on the first day of the permissible prepayment period. If the renewal fee has not been paid on or before the due date, it may be validly paid within six months of the said date, provided that the additional fee is paid within this period. For the calculation of the additional period, see J 4/91, OJ 8/1992, 402. Whilst the applicant's attention is drawn to this possibility, he may not invoke the omission of such notification (see J 12/84, OJ 4/1985, 108, and J 1/89, OJ 1-2/1992, 17). See also Legal Advice No. 5/93 rev., OJ 4/1993, 229, for Euro-PCT applications under Art. 39(1) PCT. For renewal fees for European divisional applications see IV, 1.4.3.

The obligation to pay renewal fees terminates with the payment of the renewal fee due in respect of the year in which the mention of the grant of the European patent is published (Art. 86(4); see OJ 6/1984, 272).