UPDATE - COVID-19 European Patent Office

The European Patent Office has temporarily suspended the additional fee for the late payment of renewal fees.

What is the additional fee?

Under Rule 51(2) EPC, if a renewal fee is not paid on the due date (the last day of the month containing the anniversary of the date of filing), the fee may still be paid within six months of said date, provided that an additional is also paid within that period.

The additional fee is 50% of the belated renewal fee.

How long is the suspension for?

The EPO has temporarily suspended the payment of the additional fee from 1 June 2020 until 31 August 2020 with respect to applications where a renewal fee has fallen due on or after 15 March 2020, and the renewal fee was not paid by the due date.

This suspension is welcomed and will ease economic pressure on companies during the COVID-19 pandemic. However, we hope that the EPO will do more to assist applicants at this time.

Please contact your usual Creation IP Attorney for more details.

This article (and any information accessed through links in this article) is provided for information and educational purposes only. This article does not constitute professional legal advice. Professional legal advice should be obtained before performing any action based on the information provided in this article. All professional legal advice will be given in accordance with Creation IP Terms of Business. Please contact us for further information.

This update provides information on the suspension of the additional fee for the late payment of renewal fees at the European Patent Office


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