2. Overview of the minimum requirements

In order to initiate the European phase and prevent the application from being deemed withdrawn, the applicant must perform the following acts within the 31-month period:

–supply the translation if the Euro-PCT application was not published in one of the EPO's official languages (Rule 159(1)(a))

–pay the filing fee provided for in Art. 78(2), including the additional page fee for applications with more than 35 pages (Rule 159(1)(c))

–pay the designation fee (and any extension or validation fees) if the period under Rule 39 has expired earlier (Rule 159(1)(d))

–pay the search fee if a supplementary European search report is to be drawn up (Rule 159(1)(e))

–file the request for examination and pay the examination fee if the period under Rule 70(1) has expired earlier (Rule 159(1)(f))

The applicant must also pay the renewal fee for the third year if the period under Rule 51(1) has expired earlier (Rule 159(1)(g)). As set out in A‑XII, 2, non-compliance with this requirement does not block the start of the processing in the European phase since the application is not deemed withdrawn (A‑XIII, 8). However, given its importance for all Euro-PCT applications and the fact that the remedy of further processing is not available if the renewal fee plus the additional fee is not paid in due time, there are good reasons to draw attention to it as a “minimum requirement”, in line with the heading of Rule 159 EPC.

Where fees are paid before expiry of the 31-month period but early processing is not explicitly requested (see A‑XIII, 7), they will be retained by the EPO on the assumption that the applicant does indeed wish to pursue the European phase processing of the application on expiry of the 31-month period (see A‑III, 13.1).