3.1.7.5.2. Renewal fee falling due between the grant of the European patent and the notification of the registration of unitary effect

Once the EPO has notified the patent proprietor of the decision to register unitary effect, the Unitary Patent takes effect on the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin in accordance with Art. 4(1) Regulation (EU) No 1257/2012 (see also Recital 8 Regulation (EU) No 1257/2012, Rules 7(1) and 13(3) and (5) UPR).

A renewal fee may fall due after the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin but before or on the day of the notification of the registration of the unitary effect by the EPO (Rules 7(1) and 13(5) UPR). In such cases, the due date for the payment of the renewal fee is shifted to the date of the notification of the registration. The renewal fee may be paid within three months of this notification without any additional fee (Rule 13(5) UPR). If it is not paid within this three-month period, the renewal fee can still be paid with an additional fee within six months from the date of notification of the communication referred to in Rule 7(1) UPR (Rule 13(3) UPR).