Calculating annual renewal fees - EP patent

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

The fee payable to the NIPO falls due in the fee year after the European Patent Office (EPO) has published its decision granting the patent. A fee year comprises one year and is calculated according to Norwegian law from the date of filing of the EP patent, and then from the corresponding day in the following calendar year.

Annual fees for EP patents will generally be due for payment in advance on the last day of the calendar month when the fee year begins. The first annual fee to be paid to the NIPO will nevertheless be due at the earliest at the same time as the expiry of the three-month deadline for the filing of the translation in accordance with Section 66c of the Patents Act. This three-month deadline is calculated from the date of EPO's publication of the patent being 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 will be moved and thus the time limit for paying the annual fee with additional fee for late payment will also be moved correspondingly.

Example 1:

The filing date of an EP patent is 3 December 2014. 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 2016. The patent is therefore granted in the second fee year. The deadline for filing the translation expires on 3 August 2016. In this case, the due date for the first payment of the annual fee to NIPO for the third fee year is 31 December 2016. The deadline for payment of the annual fee for the third year with additional fee is 30 June 2017.

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Example 2:

The filing date of an EP patent is 3 May 2014. 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 2016. 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 2016. 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 EP 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 2016, 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 2017.

The next annual fee (for the fourth fee year) must be paid to the NIPO by 31 May 2017. The deadline for payment of the annual fee for the fourth fee year with additional fee is 30 November 2017.

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Example 3:

The filing date of an EP patent is 3 May 2014. 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 2016, i.e. at the beginning of the third fee year. The deadline for filing the translation expires 4 August 2016. In this case, the first annual fee (for the third fee year) must be paid to the EPO by 31 May 2016.

The next annual fee (for the fourth fee year) must be paid to the NIPO by 31 May 2017. The deadline for the payment of the annual fee for the fourth year with an additional fee is 30 November 2017.

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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).

See list of fees

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.

Links to relevant legislation

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