Chapter 5 – Euro-PCT procedure before the EPO as a designated or elected Office
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  7. When must the request for examination be filed? When must the examination fee be paid?
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5.10 Examination

Overview

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

5.10.004The request for examination must be filed and the examination fee paid within 31 months from the filing date or, if priority has been claimed, from the earliest priority date, or up to six months after the date of publication of the ISR, whichever time limit expires later. Therefore, as a rule and unless the ISR was published more than 25 months after the date of filing or the earliest priority date, the request for examination must be filed and the examination fee paid within the 31-month time limit. 

R. 70(1) EPC, R. 159(1)(f) EPC
Art. 2(1)6 RFees
GL/EPO C‑II, 1.2

5.10.005In almost all cases, applicants will have to file the request for examination and pay the examination fee before the supplementary European search report is transmitted to them (see point 5.9.011). After transmitting the report to them, the EPO will invite them to indicate whether they wish to proceed further with their application (see point 5.9.011). In order to expedite the European grant proceedings, they can waive their right to be asked whether they wish to proceed further with the application, e.g. by selecting the second check box in Section 12.2 of Form 1200.

R. 70(2) EPC
OJ 2015, A94

5.10.006On the right to a refund of the examination fee, see points 5.9.014 f.

5.10.007Neither the drawing up of a supplementary European search report (see points 5.9.001 ff) nor publication of the translation of the Euro-PCT application (see points 5.5.001 ff) affects the time limit for filing the request for examination and payment of the examination fee.

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