Calculating annual renewal fees - European patents

When a European patent takes effect in Norway, the annual renewal fees are payable to the Norwegian Industrial Property Office (NIPO).

When does the fee year start?

The annual fees to the Norwegian Industrial Property Office (NIPO) must be paid starting from the fee year following the European Patent Office’s (EPO) announcement of its decision to grant the European patent.

An annual fee covers one year and is calculated according to Norwegian law from the delivery date of the European patent, and then from the corresponding day in the subsequent calendar year.

When must the annual fees be paid?

Annual fees for a European patent will, as a general rule, be due for payment in advance on the last day of the calendar month in which the fee year begins.

The first annual fee to be paid to NIPO nevertheless falls due at the earliest at the same time as the deadline of three months for delivery of a translation in accordance with section 66c of the Patents Act expires.

This three-month deadline is calculated from the date of the EPO's announcement that the patent has been granted.

If the three-month deadline expires later than the deadline for paying the annual fee, the deadline for payment of the first annual fee to the NIPO is moved forward. The deadline for payment of the annual fee with additional fee for late payment is correspondingly postponed.

Payment

If you have a European patent and want to find out when and how much you have to pay, you can find the information by looking up the case in our register. For European patents that have not yet been published in Norway, you can find the information by logging into our payment service.


Example of calculations

Example 1

The filing date of a European patent is 3 December 2020. The fee year here runs from 3 December to 2 December in each calendar year. Notification of the granted patent is published by EPO 3 May 2022. The patent is therefore granted in the second fee year. The deadline for filing the translation expires on 3 August 2022. In this case, the due date for the first payment of the annual fee to NIPO for the third fee year is 31 December 2022. The deadline for payment of the annual fee for the third year with additional fee is 30 June 2023.

Example 2

The filing date of an European patent is 3 May 2020. The fee year runs from 3 May to 2 May in each calendar year. Notification of the granted patent is published by the EPO on 3 May 2022. According to Norwegian law, this will be the first day of the third fee year. The deadline for filing the translation expires on 3 August 2022. However, according to EPC Rule 131 (2), the fee year runs until the same date in the calendar year as the filing date of the EP patent. The European patent is therefore granted, according to the EPC's rules, on the last day of the second fee year. In this case, the first year's fee (for the third fee year) must be paid to the NIPO by 3 August 2022, i.e. no later than the expiry of the deadline for filing the translation. The deadline for payment of the annual fee for the third year with an additional fee is 3 February 2023.

The next annual fee (for the fourth fee year) must be paid to the NIPO by 31 May 2023. The deadline for payment of the annual fee for the fourth fee year with additional fee is 30 November 2023.

Example 3

The filing date of a European patent is 3 May 2020. The fee year runs from 3 May to 2 May in each calendar year. Notification of the granted patent is published by EPO on 4 May 2022, i.e. at the beginning of the third fee year. The deadline for filing the translation expires 4 August 2022. In this case, the first annual fee (for the third fee year) must be paid to the EPO by 31 May 2022.

The next annual fee (for the fourth fee year) must be paid to the NIPO by 31 May 2023. The deadline for the payment of the annual fee for the fourth year with an additional fee is 30 November 2023.

Annual renewal fees

A patent lasts for a maximum of 20 years from filing at EPO, against payment of annual fees.

Annual fees are the same for all patents and increase progressively for each year the patent is maintained. Due to the fact that the fees increase progressively and that fees are adjusted occasionally, the applicant or patent holder should also check the list of fees in the Fee Regulations.

For pharmaceutical and plant protection products it is possible in certain cases to apply for a five-year extension (SPC).

Will I receive a reminder?

The NIPO will send a notice concerning the first payment due in Norway before the deadline for payment. However, no notice or invoice will be sent concerning payment for subsequent renewals. It is the responsibility of the patent applicant or holder to pay renewal fees within the deadline.

However, a reminder will be sent in all cases, irrespective of year, if we do not receive payment within the deadline.

The NIPO is not obliged by law to send a reminder or notice. We do this as a service for patent applicants and owners. You can therefore not expect to be notified by us concerning actions to be taken by relevant deadlines. Should the notice or reminder fail to arrive, you must still pay renewal fees.

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