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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER VII APPLICATIONS UNDER THE PATENT COOPERATION TREATY (PCT) BEFORE THE EPO ACTING AS A DESIGNATED OR... CHAPTER VI PUBLICATION OF APPLICATION; REQUEST FOR EXAMINATION AND TRANSMISSION OF THE DOSSIER TO EXAMINING DIVISION CHAPTER VIII LANGUAGES  
1. General   2. Provisions of Chapter II (Filing of applications and examination on filing)  
1.3 Filing fee, designation fee, request for examination, search fee and claims fees 1.2 Initial processing and formal examination; copy of the international application; translation 1.4 PCT vs. EPC provisions  

1.3

Filing fee, designation fee, request for examination, search fee and claims fees

 

Under Rule 159(1)(c), the applicant must pay the filing fee within a period of 31 months from the date of filing or, if priority has been claimed, from the earliest priority date. Further, under Rule 159(1)(d), he must pay the designation fees within this period, if the time limit specified in Rule 39(1) has expired earlier. Under Rule 159(1)(f), the request for examination must also be filed within this period, if the time limit specified in Rule 70(1) has expired earlier. Where a supplementary European search report needs to be drawn up, a search fee must also be paid to the EPO within this period. Failure to pay in due time the filing fee, the search fee or a designation fee, or to file the request for examination, means that the application is deemed to be withdrawn. Any designation of a Contracting State for which the designation fee has not been paid in due time is deemed to be withdrawn. If the EPO finds that the application or the designation of a Contracting State is deemed to be withdrawn for this reason, it communicates this to the applicant (Rule 160(3)). However, if the applicant used Form 1200 for Entry into the European phase and waived the right to receive a communication according to Rule 160(3) in respect of designations other than those indicated specifically on Form 1200 by crossing the appropriate box in the appropriate section of the Form, a communication pursuant to Rule 160(3) is issued only where, contrary to his originally declared intention in Form 1200, he has failed to pay designation fees for States for which he had indicated his intention to pay. The communication under Rule 160(3) and the communication according to Rule 112(1) are sent together in one and the same communication. In response to this notification of a loss of rights, the applicant can request further processing. Any loss of rights ensues on expiry of the normal period (G 4/98, OJ 3/2001, 131).

Rule 159(1)

Rule 160

Art.2, No.12, RFees



If applicable, the claims fees under Rule 162 must also be paid within the normal period referred to above. If they are not, they may still be validly paid within a non-extendable period of grace of one month of notification of a communication pointing out the failure to pay. If amended claims are filed during this grace period, they form the basis for calculating the number of claims fees due. Where a claims fee has not been paid in time, the claim concerned is deemed to be abandoned. Features of a claim deemed to have been abandoned pursuant to Rule 162(4) and which are not otherwise to be found in the description or drawings cannot subsequently be reintroduced into the application and, in particular, into the claims.

Rule 162




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