The European Patent Office (EPO) has been very proactive in offering extensions to deadlines for patent applicants (and opponents, see my earlier post on the effetive extension of the opposition period) due to the disruption of the COVID-19 situation. Any periods which would have expired on of after 15 March 2020 were extended to 2 June 2020.

While this has not been extended further, the EPO have announced a new measure to help patent applicants that have fallen behind on renewal fees in this period.  In the Decision of the Administrative Council of 28 May 2020, the EPO has announced that the late payment surcharge (Rule 51(2) EPC) for EPO renewal fees has been waived until 31 August 2020 for any renewal fee falling due on or after 15 March 2020. Typically, a 50% surcharge of the initial renewal fee payment would be due under Article 2(1), item 5, Rules relating to Fees.

As EPO annual renewal fees are due on the last day of the month (Rule 51(1) EPC, except for back-renewal fees due on filing for a divisional application which are due four months from the date the divisional application is lodged) this effectively extends the deadline for any annual renewal fees due in March (after the 15th), April, May, June and July in 2020 to 31 August 2020. From 1 September 2020, the late payment surcharge will be required.

If you need additional time to attend to your renewal payments, discuss this with your Patent Attorney to confirm that this Decision applies to your application(s).