Guide for Applicants - Part 2

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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

How to file the request for examination (Form 1200, Section 4)

Non-observance of the time limit for payment of the claims fee

When must the request for examination be filed? When must the examination fee be paid?

How to file the request for examination (Form 1200, Section 4)

246	A European patent may only be granted on the basis of the (positive) results of the substantive examination of the application as to whether it meets the requirements of the EPC. The substantive examination of an application will only start upon explicit request.

Art. 157(1), 94 EPC
GL/EPO A-VII, 5.2

247	To this extent, the applicant must file a written request for examination. If Form 1200, as recommended, is used (see point 176), this requirement will always be met since the appropriate check-box is pre-crossed (Form 1200, Section 4).

248	The request for examination is only effective if the examination fee has been paid. Therefore, the examination fee must be paid in due time (see points 249-251 and 257-258).

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