3. Where and how applications may be filed

Under Art. 75 EPC a European patent application may be filed with the EPO or, if the law of a Contracting State so permits, (and subject to Art. 76(1) EPC) with the central industrial property office or other competent authority of that State.

According to J 3/80 (OJ 1980, 92), the obligation to forward European patent applications filed nationally to the EPO rests upon the relevant central industrial property office and not upon the applicant (see also J 1/12 in this chapter IV.A.5.1.; see also chapter III.E.2.2. "Re-establishment only in cases of failure to observe a time limit for which it was for the applicant to observe").

The form of filing is governed by R. 2 EPC; it can be by hand, by postal services or by means of electronic communication. Details and conditions are laid down by the President of the EPO.

As from 1 July 2024, European patent applications may not be filed by fax at the EPO. Any transmission of a patent application by fax to the EPO shall be deemed not to have been received (see the decision of the President of the EPO and the notice from the EPO dated 22 April 2024 concerning the abolition of facsimile (fax) as a means of filing patent applications and other documents (respectively in OJ 2024, A41 and OJ 2024, A42)). The decision of the President of the EPO dated 20 February 2019 concerning the filing of patent applications and other documents by facsimile (OJ 2019, A18) applies only to patent applications and documents received by fax at the EPO on and before 30 June 2024.

The filing of European patent applications by other means such as email is not allowed (see the notice dated 12 September 2000 concerning correspondence with the Office via email (OJ 2000, 458)).