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A divisional renewal-fee deadline

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A divisional renewal-fee deadline

A fictional European divisional application is filed on the fifteenth day of May. Renewal fees for earlier years have already become due for its parent application. For this exercise, the applicable current rule gives a four-month period from divisional filing to pay those already-due divisional fees without an additional fee. It also allows late payment with the required additional fee within six months from the divisional filing date. Ignore holidays and office closures in this supplied model. An administrator calculates the late-payment limit by adding six months after the four-month period ends. Students must identify the triggering event, compare the two periods and avoid turning them into a ten-month combined period.

1. What are the supplied dates?

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Ignoring the excluded calendar adjustments, the four-month point is15September and the six-month point is15November. Both periods run from the divisional filing event.

2. What is wrong with adding the periods?

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The six-month late-payment period is measured from filing, not as a further six months after the four-month point. Record the legal basis and trigger rather than only an unsupported calendar total.