How to extend the Euro-PCT application (Form 1200, Section 11)
Under certain conditions a European patent may be extended to states which are not EPC contracting states on the international filing date but have concluded an extension agreement with the EPO to that effect.
Extension of a European patent is possible only if the state concerned was designated in the international application for a national patent and an extension agreement with the EPO was in force at the international filing date (see point 122).
Extension is deemed requested for any international application entering the European phase in respect of any state designated in the application with which an extension agreement was in force at the international filing date. However, such request is deemed to be withdrawn in respect of each extension state for which no extension fee is paid in due time. The applicant must, therefore, carefully check for which states extension is possible and, if extension is wished, pay the required extension fees in due time.
Pursuant to the applicable national provisions of the extension statesagreements, an extension fee must be paid within the same time limit as applies for payment of the designation fee (see point 549).
Since there is no flat extension fee, an extension fee must be paid for each of the extension states for which extension is wished. The amount of the extension fee can be found in the EPO's Schedule of fees and expenses (under "Miscellaneous fees" in point 4).
In Form 1200, Section 11, the applicant may indicate for which states he intends to pay (an) extension fee(s). However, the request for extension is deemed to be withdrawn, if the extension fee for an extension state is not paid in due time. In addition to the boxes provided for the states with which an extension agreement was in force on 1 January 20142015 - i.e. Bosnia and Herzegovina (BA) and Montenegro (ME) - further states may be indicated on condition that an extension agreement with that state was in force at the filing date of the international application.
Upon payment, the applicant must specify the extension states for which payment is actually made and in particular if the payment does not correspond to the indications provided in Form 1200, Section 11.