2007 Rule 37

37. Renewal of patents: first renewal

Rule 36 | Index | Rule 38

(1) This rule prescribes the period for the payment of a renewal fee in respect of the first renewal date.

(2) Subject to paragraphs (3) and (4)-

• (a) the first renewal date is the fourth anniversary of the date of filing; and
• (b) the renewal period is three months ending with the last day of the month in which that renewal date falls.

(3) Where a patent is granted under the Act during the period of three months ending with the fourth anniversary of the date of filing, or at any time after that anniversary-

• (a) the first renewal date is the last day of the period of three months beginning immediately after¹ the date on which the patent was granted; and
• (b) the renewal period begins with the date on which the patent was granted and ends with the last day of the month in which that renewal date falls.

(4) Where the grant of a patent is mentioned in the European Patent Bulletin during the period of three months ending with the fourth anniversary of the date of filing, or at any time after that anniversary-

• (a) the first renewal date is the later of-
  • (i) the last day of the period of three months beginning immediately after² the date on which the grant of the patent was mentioned in the European Patent Bulletin (case A), or
  • (ii) the next anniversary of the date of filing to fall after the date on which the grant of the patent was so mentioned (case B); and
• (b) the renewal period is-
  • (i) in case A, the period beginning with the date on which the grant of the patent was mentioned in the European Patent Bulletin and ending with the last day of the month in which the first renewal date falls, or
  • (ii) in case B, three months ending with the last day of the month in which the first renewal date falls.

Notes:
Time periods are not extendable: Schedule 4
Renewal fees: Fees Rule 4 and Fees Schedule 2.

Footnotes

1. Amended by the Patents (Amendment) Rules 2011, SI 2011 No. 2052 as from 1 October 2011.

2. Amended by the Patents (Amendment) Rules 2011, SI 2011 No. 2052 as from 1 October 2011.