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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)... D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II ANNEX I Terms and abbreviations
II. What must the applicant do to initiate the European phase? I. General III. Filing of other documents
Extension and extension fees (Form 1200, Section 11) Non-observance of the time limit for payment of designation fees Non-observance of the time limit for payment of extension fees


Extension and extension fees (Form 1200, Section 11)


223

An international application entering the European phase can be extended to certain non-contracting states, which to that effect concluded an extension agreement with the EPO, if these states were designated in the international application for a national patent and an extension agreement was in force on the international filing date (see point 39 ff). Subject to these conditions, extension is deemed to be requested for each Euro-PCT application entering the European phase.

OJ 2001, 590



224

In Form 1200, Section 11, the applicant may indicate for which states he intends to pay (an) extension fee(s). However, only if payment of an extension fee for an extension state is effected in due time does the extension take effect.


225

The applicant must, upon payment, 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.


226

Extension fees are to be paid within the same time limit that applies for payment of the designation fees pursuant to Rule 107(1)(d) EPC (see point 218).



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