2007 Rule 39

39. Renewal notice

Rule 38 | Index | Rule 40

(1) This rule applies where the renewal fee has not been received by the end of the renewal period.

(2)1 If the renewal fee remains unpaid, the comptroller must send a renewal notice to the proprietor of the patent-

  • (a) where the renewal fee is payable by virtue of section 77(5A), before the end of the period of six weeks beginning immediately after the later of-
    • (i) the end of the renewal period, and
    • (ii) the date on which the comptroller receives notification of the restoration of the patent from the European Patent Office;
  • (b) in any other case, before the end of the period of six weeks beginning immediately after the end of the renewal period.


(3) The comptroller must send the renewal notice to-

  • (a)2 the last address specified by the proprietor on payment of a renewal fee (or to another address that has since been notified to him for that purpose by the proprietor); or
  • (b) where such an address has not been so specified or notified, the address for service entered in the register.


(4) The renewal notice must remind the proprietor of the patent-

  • (a) that payment is overdue; and
  • (b) of the consequences of non-payment.
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