Last-minute EP validation
As promised, here I come with the second part of my EP validation educational content: Last-minute EP validation 🤓
While it is nice to receive the EP validation instructions right after grant, let's be honest, there will always be cases when we receive the instructions one day before the validation period ends.
📅 Art. 65 EPC prescribes 3 months as the minimum validation period but allows national offices to provide a longer time. However, there are only two countries allowing a longer period: Iceland (4 months) and San Marino (6 months). All other countries have 3 months. But this does not mean that you have to file the translation everywhere within the 3-month period. Spain and Turkey allow applicants to request extension of time, but only if the request is filed within the original period, so you have to pay attention. Some countries allow applicants to file the validation after the validation period ended, provided that an additional official fee is paid as well. Some countries allow further processing, which basically means the same.
🛑 However, there are 15 countries where you cannot file the translation after the 3-month period ended. For these countries, if there is no time to prepare a professional translation, you can file a lower quality translation and then file the professional translation as a correction later, by payment of an official fee. (Always double check the certain country in "National law relating to the EPC" whether it is still allowed.)
In some of these 15 countries re-establishment or restoration would be the only option to file the translation after the 3-month period ended. However, I am not listing that as an option, since it is not automatically accepted.
💡 Something that can cause issues when it comes to last minute validation is the annuity fee, in case it is due within 2 months of the grant. According to Art. 141(2) EPC, any renewal fees falling due within two months of the grant shall be deemed to have been validly paid if they are paid within that period. Thus, there are only 2 months to pay a renewal fee without surcharge. Note, that this is already over when you receive a last-minute validation instruction! As a result, in some countries you will only be able to pay the annuity fee with a surcharge.
(This, again, depends on the member state. Some countries do allow the payment of the annuity fee without a surcharge until the end of the validation period.)
Example:
grant published: 17 March 2021
anniversary of filing date: 20 March
annuity fee can be paid in any EPC states without surcharge: 17 May 2021 (17 March + 2 months)
end of validation period: 17 June 2021 (17 March + 3 months)
➡️ If you would like me to assist you with your validation process, place your order at passport.pintz.com. Please also send me a short message because I don't have capacity to handle all our incoming validations.
