Guidelines for Examination

13.1

Payment of fees

The applicant is required to pay a filing fee and, subject to the exception mentioned below (see the note to point (iii) below), a search fee. The filing and search fees must be paid within the following periods:

Art. 78(2)

(i)

where neither (ii) nor (iii) applies, within one month of the filing date of the European application

Rule 38

(ii)

for European divisional applications or European applications filed according to Art. 61(1)(b), within one month from the date of filing of the divisional or Art. 61(1)(b) application

Rule 36(3)
Rule 17(2)

(iii)

for Euro-PCT applications, within 31 months of the filing date or, where applicable, from the earliest claimed priority date*.

Rule 159(1)

*Note that when a supplementary European search report is not prepared by the EPO (see B-II, 4.3), no search fee is required for the Euro-PCT application (Rule 159(1)(e)).

With regard to applications of types (i) and (ii), the EPO will check that these fees have been paid. If either fee is not paid on time, the application is deemed to be withdrawn. The EPO will notify the applicant of the loss of rights according to Rule 112(1); the applicant can respond by requesting further processing according to Art. 121 and Rule 135.

Art. 90(3)
Rule 57(e)
Art. 78(2)
Rule 36(3)
Rule 17(2)