What steps do I have to take on entry into the European phase?
Entry into the European phase consists of a series of steps that need to be taken within 31 months from the priority date or, if no priority is claimed, within 31 months from the international filing date (Rule 159(1) EPC). Which ones need to be taken depends to a certain extent on the "history" of the international application, e.g. what language it was published in and which office acted as International Searching Authority. The steps that applicants participating in the CNIPA-EPO pilot will need to take to enter the European phase are:
- specify the application documents on which the procedure before the EPO as designated or elected Office is to be based (Rule 159(1)(b) EPC),
- pay the filing fee and, if applicable, any additional fees for pages over 35 (Rule 159(1)(c) EPC),
- pay the designation fee (within six months from publication of the international search report (ISR) or, if that six-month period has expired earlier, within the 31-month period) (Rule 159(1)(d) EPC),
- file the request for examination and pay the examination fee (within six months from publication of the ISR or, if the six-month period has expired earlier, within the 31-month period) (Rule 159(1)(f) EPC),
- pay the third renewal fee, if applicable (Rule 159(1)(g) EPC). The third renewal fee may be paid up to six months before it falls due (Rule 51(1) EPC).
You are advised to use EPO Form 1200 to file your request for entry into the European phase. It is available in the EPO's online filing tools (Online Filing or new online filing (CMS)) or as a paper form. In both cases, you will be guided through all the requirements to be fulfilled.