Rule 107 153/154

The European Patent Office as a designated or elected Office - Requirements for entry into the European phase

Art. 153, 156
R. 108, 110, 111

(1) In the case of an international application as referred to in Article 150, paragraph 3, the applicant must perform the following acts within a period of thirty-one months from the date of filing of the application or, if priority has been claimed, from the priority date:

(a) supply, where applicable, the translation of the international application required under Article 158, paragraph 2;

(b) specify the application documents, as originally filed or in amended form, on which the European grant procedure is to be based;

(c) pay the national basic fee provided for in Rule 106(a);

(d) pay the designation fees if the time limit specified in Article 79, paragraph 2, has expired earlier;

(e) pay the search fee provided for in Article 157, paragraph 2(b), where a supplementary European search report has to be drawn up;

(f) file the request for examination provided for in Article 94, if the time limit specified in Article 94, paragraph 2, has expired earlier;

(g) pay the renewal fee in respect of the third year provided for in Article 86, paragraph 1, if the fee has fallen due earlier under Rule 37, paragraph 1;

(h) file, where applicable, the certificate of exhibition referred to in Article 55, paragraph 2, and Rule 23.

(2) Where the European Patent Office has drawn up an international preliminary examination report the examination fee shall be reduced as laid down in the Rules relating to Fees. If the report was established on certain parts of the international application in accordance with Article 34, paragraph 3(c), of the Cooperation Treaty, the reduction shall be allowed only if examination is to be performed on the subject-matter covered by the report.

153 Existing Rules 104b to Rule 106a were replaced by new Rules 106 to Rule 112. Decision of the Administrative Council of 13.10.1999 which entered into force on 01.03.2000 (OJ EPO 1999, 660 ff). Rule 107 last amended by decision of the Administrative Council of 28.06.2001 which entered into force on 02.01.2002 (OJ EPO 2001, 373 f).

154 See decisions/opinions of the Enlarged Board of Appeal G 3/91, G 5/93, G 4/98 (Annex I) and Legal advice No. 5/93 rev.(Annex II).

Cross-reference list
R. 107 R. 159

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