ARTICLE
10 June 2020

EPO Temporarily Waives The 50% Surcharge For The Late Payment Of Renewal Fees

JA
J A Kemp LLP

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J A Kemp is a leading firm of European Patent and Trade Mark Attorneys. We combine independent thinking with collective excellence in all that we do. The technical and legal knowledge that we apply to the protection of our clients’ patents is outstanding in its breadth and depth. With around 100 science and technology graduates in the firm, including 50 PhDs, no area of science or technology is outside our scope. Our Patent Attorneys have collective in-depth expertise in patent law and procedure in every country of the world. The team of professionals who advise our clients on trade mark and design matters have backgrounds in major international law firms and hold qualifications as Chartered UK Trade Mark Attorneys, Solicitors and European Trade Mark Professional Representatives. Dedicated to this specialist area of intellectual property protection, the team has the expertise and resources to protect trade marks and designs in any market worldwide.
In view of the ongoing COVID-19 pandemic, the EPO has decided (see here and here) to introduce a temporary waiver of the additional fee payable when a renewal fee is paid late.
United Kingdom Intellectual Property

In view of the ongoing COVID-19 pandemic, the EPO has decided (see here and here) to introduce a temporary waiver of the additional fee payable when a renewal fee is paid late. 

Usually, under Rule 51(2) EPC, if a renewal fee is not paid by the due date (which is the last day of the month containing the anniversary of the date of filing of the European patent application), then the renewal fee can be validly paid within six months of the due date provided that an additional fee of 50% of the renewal fee is also paid. 

The EPO has decided to waive the additional fee from 1 June 2020 until 31 August 2020 in respect of European patent applications where a renewal fee fell due on or after 15 March 2020 and the renewal fee was not paid by the due date.

Please see here for a summary of the measures currently being taken by the EPO and other patent offices in view of the COVID-19 pandemic.

Originally published 29 May, 2020

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