When must the request for examination be filed? When must the examination fee be paid?
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249
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The request for examination must be filed and the examination fee paid within 31 months of the filing date or, if priority has been claimed, of the earliest priority date or within six months of publication of the ISR, whichever time limit expires later. At the same time the applicant may file a dispensation with the Invitation pursuant to Article 96(1). Therefore, as a rule and unless the publication of the ISR was late, the request for examination must be filed and the examination fee paid on entry into the European phase, ie within the 31-month time limit. For applications filed on or after 1 July 2005 a higher examination fee is due if no European supplementary search report is established (because the EPO was ISA). For a detailed account of the legal situation with regard to the examination fee reference is made to the Notice from the EPO dated 28 October 2005. | |
Art. 150(2), 157(1), 94(2) EPC
R. 107(1) EPC(f) EPC
OJ 2005, 577
GL/EPO C-VI, 1.1.2
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250
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If the applicant entered the European phase early (see point 166), he may delay filing the request for examination and payment of the examination fee until expiry of the 31-month time limit. However, the examination of the application will not start until these requirements are met. |
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251
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The drawing-up of any supplementary European search report (see point 229 ff) or the publication of the translation of the Euro-PCT application (see point 275 ff) by the EPO has no effect on the time limit for filing the request for examination and paying the examination fee. |
