The request for examination may be filed by the applicant up to the end of six months after the date on which the European Patent Bulletin mentions the publication of the European search report. The request for examination is not deemed to have been filed until the examination fee has been paid (see C‑II, 1). If the applicant does not file the request for examination, including the payment of the examination fee, within the above time limit, then the procedure explained in A‑VI, 2.3 applies.
The applicant Applicants may also pay the examination fee as from the date of filing and prior to receipt of the European search report. In that case the Receiving Section invites him them pursuant to Rule 70(2) to indicate within six months from the date of the mention of the publication of the search report in the European Patent Bulletin whether he desires they desire to proceed further with his their application (see C‑II, 1.1). If, after receipt of the European search report, the applicant decides not to pursue the application and does not react to the invitation pursuant to Rule 70(2), the application will be deemed withdrawn pursuant to Rule 70(3), and the examination fee will be refunded in its entirety (see A‑VI, 2.5).
If the applicant has filed an automatic debit order, the examination fee will normally be debited at the end of the six-month period. For cases in which he the applicant wishes the application to be transmitted earlier to the examining division, see the AAD in Annex A.1 of Supplementary publication 5, OJ EPO 2017.
Point 6.1(c) AAD
The request for examination may not be withdrawn.