Decision of the Administrative Council of 14 December 2016 amending Rules 51 and 162 of the Implementing Regulations to the European Patent Convention (CA/D 17/16)
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention (hereinafter referred to as "EPC") and in particular Article 33(1)(c) thereof,
On a proposal from the President of the European Patent Office,
Having regard to the opinion of the Committee on Patent Law,
HAS DECIDED AS FOLLOWS:
The Implementing Regulations to the EPC shall be amended as follows:
1. Rule 51(2) shall read as follows:
"If a renewal fee is not paid on the due date under paragraph 1, the fee may still be paid within six months of the said date, provided that an additional fee is also paid within that period. The legal consequence laid down in Article 86, paragraph 1, shall ensue upon expiry of the six-month period."
2. Rule 162(2) shall read as follows:
"If the claims fees are not paid in due time, they may still be paid within the period under Rule 161, paragraph 1 or paragraph 2, as the case may be. If within this period amended claims are filed, the claims fees due shall be computed on the basis of such amended claims and shall be paid within this period."
Rules 51 and 162 EPC as amended by Article 1 of this decision shall enter into force on 1 January 2017.
Rule 162(2) EPC as amended by Article 1 of this decision shall apply to any Euro-PCT application in respect of which the communication under Rules 161 and 162 EPC has not been issued at the date of entry into force.
Done at Munich, 14 December 2016
For the Administrative Council