INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office of 11 October 1979, concerning the date on which the preliminary examination fee is payable to the European Patent Office as an International Preliminary Examining Authority
Where the European Patent Office acts as an International Preliminary Examination Authority, the preliminary examination fee shall be payable on the date on which the demand for international preliminary examination is submitted (Decision of 11 October 1979, based on Article 10(2)(a) and Article 150 of the EPC, the Agreement of 11 April 1978 between the WIPO and the EPO concerning the PCT and Rule 58(1)(b) of the PCT).
N.B.: In accordance with Rule 58.2 of the PCT where the international preliminary examination fee is not paid within the period of time prescribed by the International Preliminary Examining Authority, that Authority shall invite the applicant to pay the fee within one month from the date of the invitation. If the applicant complies with the invitation within the prescribed time limit, any sum of money paid as the preliminary examination fee shall be considered to have been paid by the due date. If the applicant does not comply with the invitation within the prescribed time limit, the demand for international preliminary examination shall be considered as not having been submitted.