A guide to the UPC and the UP - Flipbook - Page 30
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There might also be a scenario in which renewal fees fall due after the grant of the European
patent but before the unitary effect is registered. For this scenario, r.13(5) Unitary Patent Rules
provides that the renewal fee for a Unitary patent which would have fallen due in the period
starting on the date of publication of the mention of the grant of the European patent in the
European Patent Bulletin up to and including the date of the notification of the communication
according to r.7(1) Unitary Patent Rules, shall be due on that latter date. The fee may still be
paid within three months of said latter date without the additional fees specified in r.13(3)
Unitary Patent Rules.
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It should be noted that a computation of time periods and extensions of time periods is to
be effected in accordance with the current EPO practice under r. 20(2)(g) of the Unitary
Patent Rules in combination with rr.131 and 134 EPC Implementing Regulations. 60
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As far as the amount of the annuity is concerned, Art.2 of the Rules relating to fees for Unitary
protection specifies the following amounts:
Table 2-1: Renewal Fees for the Unitary Patent
Year
Fee
Cumulative
2nd
€35
€35
3rd
€105
€140
4th
€145
€285
5th
€315
€600
6th
€475
€1,075
7th
€630
€1,705
8th
€815
€2,520
9th
€990
€3,510
10th
€1,175
€4,685
11th
€1,460
€6,145
12th
€1,775
€7,920
13th
€2,105
€10,025
14th
€2,455
€12,480
15th
€2,830
€15,310
16th
€3,240
€18,550
17th
€3,640
€22,190
18th
€4,055
€26,245
19th
€4,455
€30,700
20th
€4,855
€35,555
60
These rules state, inter alia, that computation of time periods start on the day following the day on which a relevant event
occurs and where an event is a notification, on the receipt of that notification. For copies of the EPC Implementing
Regulations see https://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ma2.html.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 20
