HomeHome
 
  • Start page
  • Statistics centre
  • Legal texts

    Legal texts

    Legal texts from the European Patent Office (EPO) in a format optimised for different screen sizes.

    Go to overview 

    • Overview
    • European Patent Convention
      • Overview
      • Archive
    • Official Journal
    • EPC Guidelines
      • Overview
      • Archive
    • PCT-EPO Guidelines
      • Overview
      • Archive
    • Guidelines revision cycle
    • Extension / validation system
    • London Agreement
    • National law relating to the EPC
      • Overview
      • Archive
    • Unitary Patent system
    • National measures relating to the Unitary Patent 
    • Social responsability

    Hand touching a tablet

    EPC now at your fingertips, on all devices

  • News & events

    News & events

    Our latest news, podcasts and events, including the European Inventor Award.

    Go to overview 

     

    • Overview
    • European Inventor Award
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2022 ceremony
    • Press centre
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service

    EIA jury

    Meet the European Inventor Award jury

 
en de fr
  • Language selection
  • English
  • Deutsch
  • Français
Main navigation
  • Start page
  • Statistics centre
  • Legal texts
    • Go back
    • Overview
    • European Patent Convention
      • Go back
      • Overview
      • Archive
        • Go back
        • Overview
        • Documentation on the EPC revision 2000
          • Go back
          • Overview
          • Diplomatic Conference for the revision of the EPC
          • Travaux préparatoires
          • New text
          • Transitional provisions
          • Implementing regulations to the EPC 2000
          • Rules relating to Fees
          • Ratifications and accessions
        • Travaux Préparatoires EPC 1973
    • Official Journal
    • EPC Guidelines
      • Go back
      • Overview
      • Archive
    • PCT-EPO Guidelines
      • Go back
      • Overview
      • Archive
    • Guidelines revision cycle
    • Extension / validation system
    • London Agreement
    • National law relating to the EPC
      • Go back
      • Overview
      • Archive
    • Unitary Patent system
    • National measures relating to the Unitary Patent 
  • News & events
    • Go back
    • Overview
    • European Inventor Award
      • Go back
      • Overview
      • About the award
      • Categories and prizes
      • Meet the finalists
      • Nominations
      • Watch the 2022 ceremony
    • Press centre
      • Go back
      • Overview
      • Patent Index and statistics
      • Search in press centre
      • Background information
        • Go back
        • Overview
        • European Patent Office
        • Q&A on patents related to coronavirus
        • Q&A on plant patents
      • Copyright
      • Press contacts
      • Call back form
      • Email alert service
  • Service & support
    • Go back
    • Forms
    • Subscription centre
      • Go back
      • Overview
      • Subscribe
      • Change preferences
      • Unsubscribe
  • Patent Index 2020
Part III – Implementing Regulations to Part III of the Convention
  1. Home
  2. Legal texts
  3. European Patent Convention
  4. Contents
  5. Implementing Regulations
  6. Part III
  7. Chapter III
  8. Rule 51
Print
Facebook Twitter Linkedin Email

Chapter III – Renewal fees

Overview

Rule 51
Payment of renewal fees

(1)73 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)74 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.

(3) 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.

(4) 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

(a) 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.

(b) 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.

(5) If the Enlarged Board of Appeal re-opens proceedings before the Board of Appeal under Article 112a, paragraph 5, second sentence, a renewal fee

(a) 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.

(b) 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.

(6) 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.


73Amended 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.

74Amended 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).

Previous
Next
EPC - Reference
  • Art. 61, 76, 86
    R. 159
Version history
  • 13.12.2007 - 31.03.2009 
    Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)
    01.04.2009 - 31.12.2016 
    CA/D 4/08 (OJ EPO 2008, 513)
    01.01.2017 - 31.03.2018 
    CA/D 17/16 (OJ EPO 2016, A102)
    01.04.2018 - 
    CA/D 13/17 (OJ EPO 2018, A2)
Cross-reference list
  • EPC EPC 1973
    R. 51R. 37
Footer - Service & support
Footer - More links
Footer
  • Terms of use
  • Legal notice
  • Data protection and privacy