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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

II. What must the applicant do to initiate the European phase?

Reduction if IPER was issued by the EPO

Non-observance of the time limit for filing the request for examination and for payment of the examination fee

Reduction if IPER was issued by the EPO

255

The examination fee is reduced by 50% where the EPO acting as IPEA has already drawn up an international preliminary examination report in respect of the relevant Euro-PCT application, unless in the European phase the applicant is seeking a patent for an invention which is not the subject of that report or two-thirds of the fee for the international preliminary examination were reimbursed (see point 136).

R. 107(2) EPC

256	If the conditions for both reductions (see points 254-255) are fulfilled, the examination fee is first reduced by 50%. The 20% reduction is applied to the resulting total and not to the full fee. Therefore, the total reduction in relation to the full fee is 60%.

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