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VI. Payment of renewal fees for European patents
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Introduction Abbreviations National legal bases Filing of European patent applications pursuant to Article 75, paragraphs 1(b) and 2, EPC Rights conferred by a European patent application after publication pursuant to Article 93 EPC (Article 67 EPC) Filing of translations of the claims pursuant to Article 67(3) EPC Filing of translations of the patent specification under Article 65 EPC Authentic text of a European patent application or European patent (Article 70 EPC) Payment of renewal fees for European patents Conversion of European patent applications or patents into national patent applications or patents Payment of fees Registering a transfer, licences and other rights in respect of a European patent in the national patent register Miscellaneous

Contracting States

Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Italy
Liechtenstein
Lithuania
Luxembourg
Monaco
Netherlands
Poland
Portugal
Spain
Romania
Slovakia
Slovenia
Sweden
Switzerland
Turkey
United Kingdom

Extension States

Albania
Bosnia and Herzegovina
Croatia
Latvia
Lithuania
The former Yugoslav Republic of Macedonia
Romania
Serbia and Montenegro Slovenia


National legal basis

Filing patent applications

Rights conferred

Translations of claims

Tranlations of patent specifications

Authentic text

Renewal fees

Conversion

Payment of fees

Registering a transfer

Miscellaneous 

 


Payment of renewal fees for European patents

Under Article 141 EPC, "national" renewal fees in respect of a European patent may be imposed for the years which follow that in which the mention of the grant of the European patent is published in the "European Patent Bulletin". If a renewal fee becomes due shortly before such publication, it is still to be paid to the EPO. The mention of grant shall in this case not be published until the renewal fee has been paid. Further information on the calculation of the patent years for which "national" renewal fees are to be paid is published in Official Journal 6/1984, p. 272 f.

The following table indicates the most important national provisions and requirements to be observed when paying "national renewal fees" in respect of European patents. It takes no account of national provisions concerning reductions in renewal fees in connection with licensing rights, or of any stipulations applying to the possibilities of extending or deferring payment.

Irrespective of the information given in column 3 of the following table the minimum period referred to in Article 141(2) is decisive for all contracting states ie "national" renewal fees in respect of a European patent falling due within two months of the publication of the mention of the grant of the European patent are deemed to have been validly paid if they are paid within that period. Any additional fee provided for under national law will not be charged.

Attention is particularly drawn to the fact that the fees given in Columns 1 and 3 are frequently subject to change in various contracting states. The EPO can therefore accept no responsibility for the validity of those figures. As in the past, however, it will endeavour to report such changes as soon as possible in the Official Journal.

 


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Version: NatLaw-july 2004
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