The maximum term of a European patent is 20 years from its filing date. The patent may lapse earlier if the annual renewal fees are not paid or if the patent is revoked by the patentee or after opposition proceedings. In certain cases (medical or plant protection product patents) it is possible to extend the period of protection.
Yes, in two ways:
In proceedings before the European Patent Office, following publication of a European patent application, any person may submit observations concerning the patentability of the invention to which that application or the granted patent relates. These observations must be filed in writing in English, French or German and must include a statement of the grounds on which they are based. There are no fees for presenting such observations. We advise using the official EPO web-based filing form, which has been designed to help you to formulate your observations in a structured and concise manner; it is available free of charge from the EPO website (tpo.epo.org). Filing observations does not make you a party to any official proceedings the EPO undertakes, and you will not be informed by the EPO about the further outcome of the patent grant proceedings. However, it is important to note that submissions filed as third-party observations will be placed in the public part of the file of the patent application or patent and will thus be accessible to the public. The observations are communicated to the patent applicant/proprietor, who may comment on them.
For further details please see:
We advise using the official EPO opposition form (2300), which is available free of charge from the EPO and the central industrial property offices of the contracting states. Notice of opposition is not deemed to have been filed until the opposition fee of EUR 775 has been paid.
For further details of the opposition procedure see the Guide for applicants, point 178 ff.
Requests for the grant of a European patent must be filed on the form prescribed by the European Patent Office (EPO Form 1001). This should be accompanied (where applicable - i.e. where the applicant is not the inventor or is not the sole inventor) by a "Designation of the inventor" form (EPO Form 1002). An "Authorisation" (EPO Form 1003) may also be required (see "Representation" below).
European patent applications must contain:
If you do not have either a residence or a place of business within the territory of an EPC contracting state (non-resident applicants) you must be represented by a professional representative and act through him in all proceedings, other than in filing the European patent application. You can find a professional representative in the database of professional representatives.
Cost of a European patent application
The following fees are payable upon filing a European patent application.
In the case of a divisional application filed in respect of any earlier application which is itself a divisional application (Rule 38, paragraph 4)
The above fees are due within one month of filing the European patent application.
Further fees are due if you decide that you wish to pursue the application after receiving the European search report.
Where to file
Our filing offices are located in Munich, Berlin and The Hague. You may also file by fax or online.
The EPO's postal addresses and fax numbers can be found on the Contact page.
For further information on how to file a European patent application and on the European patent grant procedure, see How to get a European patent, Guide for applicants, as well as the EPO forms required and the current Schedule of fees and expenses.
The European patent grant procedure takes about three to five years from the date your application is filed. It is made up of two main stages. The first comprises a formalities examination, the preparation of the search report and the preliminary opinion on whether the claimed invention and the application meet the requirements of the EPC. The second involves substantive examination.
The European and national patent grant procedures exist in parallel. When seeking patent protection in one or more EPC contracting states, you can choose either to follow the national procedure in each state or to take the European route, which confers protection in all the contracting states that you designate in a single procedure.
If you want to patent your invention in one particular country, you will need to contact the national patent office of the country concerned.
If you decide that you want a European patent, you have the choice between the direct European route and the Euro-PCT route. With the direct European route, the entire procedure is governed by the EPC alone. With the Euro-PCT route, the first phase of the grant procedure (the international phase) is subject to the PCT (Patent Cooperation Treaty), while the regional phase before the EPO as designated or elected Office is governed primarily by the EPC.
For further details see the Guide for applicants and Euro-PCT Guide.
If you want to patent your invention in a specific country only, you should contact the national patent office of the country concerned.
In order to initiate the European phase you must fulfil certain minimum requirements within 31 months of the filing date or, if priority has been claimed, the earliest priority date. More details can be found in the Euro-PCT Guide, point 449 ff.
Yes. If you or your predecessor in title have filed an application for either a patent or the registration of a utility model or a utility certificate in or for any state party to the Paris Convention for the Protection of Industrial Property (176 states) or any member of the World Trade Organization (160 states), you may claim priority when filing a European patent application in respect of the same invention. You should do so no later than 12 months after filing the first application.
If the previous application was filed in or for an EPC contracting state, you may also designate that state in the European application. The previous application whose priority you claim may also be a European or international (PCT) application.
For further details see the Guide for applicants, point 52 ff.
If you have either a residence or a place of business within the territory of an EPC contracting state you are not obliged to be represented by a professional representative (European patent attorney). If you are a non-resident applicant, you may file a European patent application on your own behalf but must appoint a professional representative and act through him afterwards. This does not apply to fee payments, since these may be made by anybody.
Patent grant procedures are highly complex. So if you lack the requisite experience, we advise you to consult a professional representative before the EPO.
Representation may also be undertaken by any legal practitioner qualified in one of the contracting states and having his place of business within that state, provided that he is entitled in that state to act as a professional representative in patent matters.
Further details can be found in the Guide for applicants, point 58 ff.
Fees are charged for filing (including, if applicable, an additional fee for the 36th and each subsequent page), search, designation of contracting states, claims (if more than fifteen), examination, grant and printing. Renewal fees are also payable for the third year and each subsequent year after the date of filing.
The filing and search fees due at the beginning of the procedure currently amount to about EUR 1 510 (or EUR 1 420 if the application is filed online). The remaining fees are payable later. That means that applicants can decide at each stage of the procedure whether or not to continue with their application. As a rough guide, it currently costs on average EUR 5 710 (or EUR 5 620 if the application is filed online) to take a patent application through to the grant stage.
At the post-grant stage, competence is transferred to the contracting states designated in the European patent. In some contracting states, costs may be incurred for validation of the European patent there. In order to maintain the patent, renewal fees must be paid in each designated state. The amount of the renewal fee varies from state to state.
The overall cost of obtaining a European patent may also include fees for the services of a patent attorney. Further details of these costs can be obtained from any patent attorney authorised to act as a professional representative before the EPO. A searchable database of professional representatives is available on this website.
No, the EPO does not provide any assistance with licensing, funding, or finding venture-capital partners. Helpful websites can be found in our useful links collection.
Fees due to the EPO may be paid by payment or transfer to its bank account or by credit card. For more information, see the Making payments page.
Beware of fake invoices from firms and individuals requesting the payment of fees for the registration or publication of a patent application. Check the payment subject and bank account number on the invoice and compare it against the EPO’s bank account on our Making payments page and list of fees and expenses at www.epo.org/fees.
Visit www.epo.org/warning for further information and examples and who to contact if you have any doubts about the legitimacy of an invitation or invoice.
If you have a query about your search report, please contact us by letter or fax quoting the application number. We cannot give this information out over the phone.
Your application will be published 18 months after the filing date or the earliest priority date. You may, however, request that it be published earlier.
For further details see the Guide for applicants, point 149 ff.
Requests to change the address of the applicant or inventor should be submitted in writing (letter or fax) to the EPO's official address, quoting the application number(s) concerned. Where appropriate, you can indicate that the change of address affects all applications filed in your company's name. There is no fee payable and no prescribed form is required.
European patent applications have to designate the inventor. If the applicant is not the inventor or is not the sole inventor, the designation must contain a statement indicating the origin of the right to the European patent. Unless he waives this right in due time, the person designated as the inventor will be mentioned in the published European patent application, the European patent specification, the European Patent Register and the European Patent Bulletin.
Incorrect designations may be rectified provided that a request is received, accompanied by the consent of the wrongly designated person and the consent of the applicant for or proprietor of the patent where the request is not filed by that party. If an additional inventor is to be designated, the consent of the inventor(s) previously designated is not necessary. You can request rectification after the proceedings before the EPO are terminated.
Where an incorrect designation has been rectified after publication, the rectification or cancellation will also be published in the European Patent Register or European Patent Bulletin. The national patent offices will be informed accordingly. However, a new patent certificate/specification will not be issued by the EPO since the inventor was not known at the date of grant.
An administrative fee of EUR 100 (code 023) per application must be paid.
Note: The last date that a licence can be recorded with the EPO is the day before the mention of the grant in the European Patent Bulletin. Any request must therefore be filed before that date.
Where a patent has been granted but no request filed in due time, licences must be recorded with the competent national office(s), in accordance with the relevant national regulations.
Registrations of transfers (assignments) of European patent applications are recorded in the European Patent Register at the request of an interested party and on production of documents satisfying the EPO that the transfer has taken place. This might be a copy of or extract from an official document, or a declaration signed by both parties.
There is no prescribed form for such requests. They must, however, be filed in writing with the EPO, quoting the application number(s) concerned.
You will have to pay an administrative fee of EUR 100 per application (fee code 022).
Further details can be found in the Guidelines for Examination in the EPO, Part E, Chapter XII.
If the change affects the name only, and no transfer of rights has occurred, you can ask for it to be recorded by sending a letter or fax to the EPO quoting the relevant application number. No fee is payable. Furthermore, formal documentary proof of the change of name, e.g. a certificate of marriage, an extract from the commercial register (showing old and new name) or any other official document, certified by a Notary Public, must be submitted.
Information on the patentability of programs for computers is available on this page:
Yes, waiving the right to the communication under Rules 161 and 162 EPC and fulfilling the requirements of those rules upon entry into the European phase will speed up the formalities checks. These would otherwise be performed only upon expiry of the six-month time limit under Rules 161 and 162 EPC, and the file would only then be transferred to the search or examining division.
To accelerate the processing of your application you can request accelerated search or examination under the PACE programme. However, if you do so, but do not validly waive your right to receive the communication under Rules 161 and 162 EPC, the application will not be subject to accelerated search or examination until after a communication under Rules 161 and 162 EPC is issued and after expiry of the six-month time limit provided for under those rules.
It follows that the waiver option and PACE concern different stages of the proceedings and are not interrelated.
Yes, if you are using the automatic debiting procedure and waive your right to the communication under Rules 161 and 162 EPC, you must pay any claims fees due on entry into the European phase by another permitted means since, under the automatic debiting procedure, claims fees are considered to have been received on the last day of the six-month period under Rule 162(2) EPC.
Euro-PCT applications for which a request to enter the European phase has been filed are, as a rule, not processed before expiry of the 31-month time limit under Rule 159(1) EPC.
However, you can ask the EPO as designated or elected Office to start processing your application earlier. To do this you should file an express request for early processing under Article 23(2) PCT or, where applicable, Article 40(2) PCT. You can file such a request at any time before expiry of the 31-month time limit, even if the international application has not yet been published. The easiest way is to tick the checkbox in section 12.1 “Early processing” in EPO Form 1200. For the request to take effect, you must fulfil the requirements for entry into the European phase as if the 31-month time limit mentioned above expired on the date of your request. For more information about the (minimum) requirements and for some examples, see points II.6, 7 and V. of the Notice from the EPO dated 21 February 2013 (OJ EPO 2013, 156) (see link below).
Provided that all the necessary requirements are met, your request for early processing will take effect on the day the EPO receives it. From then on the application will be processed in the same way as any “regular” Euro-PCT application (i.e. one without a request for early processing) that has entered the European phase. It will then also be possible to file a divisional application deriving from your Euro-PCT application (see J 18/09).
More detailed information, including the legal consequences of filing an effective request for early processing, can be found in the Notice from the EPO dated 21 February 2013 concerning the request for early processing (OJ EPO 2013, 156).
If you file a request for early processing and you wish to pay your fees via automatic debit order, you should bear in mind that automatic debiting can only be performed if the EPO can establish whether or not a page fee needs to be included as part of the filing fee. This is only possible if the EPO has access to the documents referred to in Article 20 PCT, i.e. if
If these requirements are not met, you should choose another means of payment. If you nevertheless wish to use automatic debiting, the fees due will be debited on the date of receipt of the documents referred to in Article 20 PCT from the International Bureau under Rule 47.4 PCT. In this case, the date on which the request for early processing takes effect will be postponed to that date.
According to Rule 36 EPC a divisional application may be filed in respect of any pending earlier application. The term "earlier application" refers to the immediate "parent" application on which the divisional application is based.
An application is pending up to (but not including) the date that the European Patent Bulletin mentions the grant of the European patent. Thus, the last possibility for filing a divisional application is the day before the European Patent Bulletin mentions the grant of the European patent. The date of grant is communicated to the applicant via EPO Form 2006A.
A divisional application can no longer be filed when the earlier application has been finally refused, withdrawn or is deemed to be withdrawn.
A divisional application may itself give rise to one or more divisional applications of the second/third/etc. generation. An additional fee as part of the filing fee is payable for divisional applications of second and subsequent generations.
You will be sent EPO Form 2532G "Noting of loss of rights pursuant to Rule 112(1) EPC".
This loss of rights can be remedied during examination proceedings by filing either a request for further processing under Article 121 and Rule 135 EPC or a request for decision under Rule 112(2) EPC.
Please note that where translations of more than one priority document are requested and not provided in time, a further processing fee is due for each of the priorities concerned.
If documents replacing parts of the application or patent specification documents in opposition proceedings are submitted with handwritten amendments, they will be considered formally deficient, and the applicant will be given the opportunity to correct the formal deficiency within two months.
If you pay the fees under Rule 71(3)-(4) EPC and file the translations under Rule 71(3) EPC you are deemed to have approved the text communicated to you under Rule 71(3) EPC and to have verified the bibliographic data in that communication.
Once you have approved it, the text forms the basis for the decision to grant a European patent, and will be published in this form. That is why it is important that you should check it first.
According to decision G1/10 of the Enlarged Board of Appeal, where an applicant does not, where necessary, request reasoned amendments or corrections to the communicated text before it is approved, the responsibility for any errors remaining in that text after grant are his alone (G1/10 of the Enlarged Board of Appeal of 23 July 2012 (OJ EPO 2013, 194, point 11 of the reasons).
No. Once the intention to grant has been communicated and the text has been approved by the applicant, the EPO cannot make any further changes, even if the request for correction is submitted before the text is published. In decisions of the EPO, only linguistic errors, errors of transcription and obvious mistakes may be corrected.
For printing errors (errors in publication) see “What can I do if the text of the patent specification as published is not the one I approved?”
If a decision to grant contains an error made after the text has been approved by the patent proprietor (e.g. if the examining division erroneously changes the wording of a claim), such that the text as granted is not that approved by the proprietor, then the patent proprietor is adversely affected by that decision and is entitled to appeal (G 1/10, point 12 of the reasons).
Such errors must be distinguished from printing errors/errors in publication. Printing errors are errors that occur in the publication process. If such errors occur, the content of the printed specification will differ from that of the documents (Druckexemplar) transmitted to the applicant with the communication under Rule 71(3) (EPO Form 2004) and approved by him.
Printing errors/errors in publication can be corrected at any time.
Yes, a European patent application may indeed be filed in any language. However, if the language is not one of the EPO’s official languages (English, French or German) you need to file a translation in one of the official languages within two months of filing the application. If the translation is not filed in due time, the EPO will invite you to correct this deficiency within two months. The official language into which the application is translated constitutes the language of the proceedings and cannot be changed at a later stage. Please note that if you fail to file the translation in due time in reply to the EPO’s invitation, the application will be deemed withdrawn. In such a case you may request re-establishment of rights under Article 122 EPC.
If the examining division is of the opinion that the application and the invention to which it relates meet the requirements of the European Patent Convention, it will proceed to the grant of the European patent. At this point the applicant is invited to pay the fee for grant and publishing and to file translations of the claims in the two other official languages.
Finally, after the grant of the European patent, a validation procedure - often including translation of the patent specification and/or claims - may have to be undertaken in order to validate the patent in the designated states. More information on the validation procedure and the language requirements of the contracting states can be found in the brochure ‘National Law relating to the EPC’.
Application not amended
The page fee is based on the international application as published, regardless of the language of publication. The pages of the description, claims and drawings are counted, and one extra page is added to account for any pages with bibliographic data and the abstract.
If amendments are filed on entry into the European phase, the page fee depends on the language in which the international application was published, i.e. one of the EPO languages or another language such as Japanese:
1. International publication in an official EPO language
If the description has been amended, the page fee is based on the description as published. In this case, the amended pages replace the respective pages of the description as published.
If the claims have been amended, you must submit the entire set even if the amendment concerns only some of them.
2. International publication not in an official EPO language
A description drafted partly in an EPO language and partly in another language such as Japanese cannot be taken as a basis for calculating the page fee. Therefore, if amendments are filed, the page fee is based on the translation of the international application which has to be submitted on entry into the European phase (Article 153(4) EPC, Rule 159(1)(a) EPC).
If the description has been amended, the page fee is based on the entire translation of the description no matter what the extent of the changes. In this case, the amended pages replace the original ones.
If only the claims are amended, the page fee is based on the description as published in Japanese plus the translation of the entire set of claims as amended.
Please be aware that any amendments under Article 19 PCT and/or Article 34 PCT are also considered part of the international publication and must be taken into account for the page fee unless you have indicated that the procedure in the European phase is not to be based on them. The indications you make in section 6 of EPO Form 1200 should be clear, so the EPO can readily identify the pages for which the page fee is payable. It is also advisable to complete the table on the last page of EPO Form 1200 as it will help you to calculate the correct page fee.
International application published in Japanese totalling 100 pages:
description: 80 pages; claims: 15 pages; drawings: 4 pages; abstract: 1 page.
On entry into the European phase, an English translation of the international application is filed.
No amendments are filed.
The page fee is calculated for the 100 pages (minus 35 fee-exempt pages) of the international application as published (i.e. in Japanese).
The claim set has been amended. It replaces the original claims and any claims amended under Article 19 PCT and/or Article 34 PCT. The amended claim set consists of 20 pages.
The page fee is calculated as follows:
Description 80 pages (in Japanese)
Claims 20 pages (in English, as amended)
Drawings 4 pages
Abstract 1 page
105 pages (minus 35 fee-exempt ones)
The claim set and description (pages 5 and 8) have been amended. The new wording replaces the original claims and pages 5 and 8 of the English translation of the original description, as well as any amendments under Article 19 PCT and/or Article 34 PCT. The amended claim set consists of 20 pages. The English translation of the description (including the replacement pages) consists of 100 pages.
The page fee is calculated as follows:
Description 100 pages (pages 1-4, 6-7 and 9-100 of the
English translation, amended pages 5 and 8)
Claims 20 pages (in English, as amended)
Drawings 4 pages
Abstract 1 page
125 pages (minus 35 fee-exempt ones)
For details, see OJ EPO 2009, 338, in the Guidelines for Examination in the EPO, A-III, 13.2 and in the Euro-PCT Guide, 537-544.
From 1 July 2015, applicants may indeed indicate, in response to a communication under Rule 71(3) EPC, that they wish to waive their right to receive a further Rule 71(3) communication as provided for in Rule 71(6) EPC. This option is possible for amendments or corrections to the text proposed by the Examining Division which do not require resumption of the substantive examination proceedings.
Provided that the necessary formal requirements specified in the Notice from the EPO dated 8 June 2015 are fulfilled and the Examining Division has no objections to the amendments or corrections, the Examining Division is deemed to have consented to the waiver. In this case no further communication under Rule 71(3) will be sent to the applicant. Instead, “Information under Rule 71(3) EPC” (Form 2004W) will be published in the European Patent Register, with the aim of informing the applicant and the public of the text in which the Examining Division intends to grant the patent and the related bibliographic data, as approved by the applicant.
The waiver must be expressly indicated. No special form is needed.
With regard to the physical requirements applying for the filing of the amendments, the amendments or corrections must be identified and, where applicable, their basis in the application as filed must be indicated (Rule 137(4) EPC). The relevant pages of the Druckexemplar containing the amendments or corrections must be filed.
In this respect, It is recalled that the submitted replacement pages of the Druckexemplar must be typed, in strict compliance with Rule 50 (1) in conjunction with Rule 49(8) EPC.
By virtue of Rule 50(2) EPC, amendments and the basis for them may be indicated in handwritten form. However, if this is done, a clean copy complying with the requirements of Rule 49(8) EPC must be filed in addition.
In respect of the payment of the fees, it is to be noted that the fee for grant and publication, and any additional claims fees due under Rule 71(4) EPC will not be debited automatically. These fees must be paid separately by another means of payment allowed under the Rules relating to Fees.
Also the designation fee and a renewal fee becoming due under Rule 71a(3) and (4) EPC should also be paid separately by another permitted method of payment in order not to delay the publication of the mention of the grant. The same applies to the payment of extension fees.
Additional details of the Rule 71(3) waiver can be found in the Notice from the European Patent Office dated 8 June 2015 concerning the possibility to waive the right to a further communication under Rule 71(3) EPC (OJ EPO 2015, A52).
Please see also the Guidelines for Examination in the European Patent Office (revised edition – November 2015) C-V, 4.11.
No. Claims fees are due only for claims which are still in the application documents on which the European grant procedure is to be based (Rule 162(1) EPC). They must be paid for the 16th and each subsequent claim within the 31-month period (Rules 162(1) and 159(1) EPC). If they are not paid in “due time”, i.e. within the 31-month period, they may still be paid within an additional period of six months set in the communication under Rule 162(2) EPC. If they are still not paid in “due time”, i.e. within the additional six-month period, these claims will be deemed to be abandoned under Rule 162(4) EPC. Rule 162 EPC thus uses the term “due time” twice, in paragraphs 2 and 4, to refer to two different periods. Deemed abandonment occurs only if claims fees are not paid within the additional six-month period.
This is illustrated by the following examples:
(A) The international application comprised 25 claims. Before expiry of the 31-month period, claims 21-25 are deleted (i.e. an amended set of 20 claims is filed within the 31-month period) and five claims fees (for claims 16-20) are paid.
(B) The international application comprised 25 claims. After expiry of the 31-month period, but before expiry of the six-month period set in the communication under Rule 162(2) EPC, claims 21-25 are deleted (i.e. an amended set of 20 claims is filed) and five claims fees (for claims 16-20) are paid.
In both examples (A) and (B), claims 21-25 will not be deemed to be abandoned under Rule 162(4) EPC. They were deleted before expiry of the additional six-month period, and claims fees were paid for claims 16-20. Thus, on expiry of the additional six-month period the application documents on which the European grant procedure is to be based contained no claims for which claims fees due had not been paid.
In the following situations, in contrast, claims will be deemed abandoned under Rule 162(4) EPC:
(C) The international application comprised 25 claims. Before expiry of the six-month period set in the communication under Rule 162(2) EPC, no amendments are made and five claims fees (for claims 16-20) are paid. Claims 21-25, for which no claims fees have been paid within the period under Rule 162(2) EPC, are deemed to be abandoned under Rule 162(4) EPC.
(D) The international application comprised 25 claims. Before expiry of the six-month period set in the communication under Rule 162(2) EPC, an amended set of 22 claims is filed and five claims fees (for claims 16-20) are paid. Claims 21 and 22, for which no claims fees have been paid within the period under Rule 162(2) EPC, are deemed to be abandoned under Rule 162(4) EPC.
Features of a claim deemed abandoned under Rule 162(4) EPC which are not otherwise to be found in the description or drawings cannot subsequently be reintroduced into the application and, in particular, into the claims. “Deemed to be abandoned” means that the application is processed as if it never contained the claims for which the applicant did not pay claims fees.
You are right that the request for a time extension up to six months will not be granted “automatically” under the streamlined opposition procedure which came into force on 1 July 2016. The streamlined procedure aims towards a speedy resolution to opposition proceedings to enhance legal certainty about patent rights. The procedure also assures your right to be heard and gives you more time to prepare for oral proceedings.
A request for time extension will be granted only in exceptional, duly substantiated cases, when you give reasons sufficient to show convincingly that more time is required for the reply. This may apply when experiments or tests are needed, multiple opponents are involved or the case requires taking of evidence.
In this context, please note that this new practice concerning the extension of time limits applies to any time limit set in a communication dispatched on or after 1 July 2016.
For further information on the streamlined opposition procedure, please see:
The following examples illustrate the different situations which can arise, depending on when the request for early processing is filed. They supplement the information given in the notice from the EPO dated 27 September 2017 concerning revision of the Arrangements for deposit accounts and their annexes.
Example 1: The international application is published in Japanese. The international application and the international search report (ISR) are published on 09.11.2017. On 15.11.2017 the applicant files a request for early processing and indicates automatic debiting as method of payment. On the day the request is filed, the deposit account contains sufficient funds to cover the fees falling due under Rule 159(1) EPC. However, the applicant fails to file the translation of the international application under Rule 159(1)(a) EPC. As a result, the request for early processing will only take effect, and the fees be debited, when the EPO as designated or elected Office receives the translation.
Example 2: The applicant in the above example files the translation on 21.12.2017. As from that date the international phase is terminated in respect of the EPO as designated Office, and the Euro-PCT application is processed in the European phase. As a consequence, the examination and designation fees will be debited automatically in accordance with points 5.1 and 6 of the Arrangements for the automatic debiting procedure (AAD) on 09.05.2018, i.e. six months from the publication date of the ISR (Rules 70(1) and 39(1) EPC). Similarly, the third-year renewal fee will be debited on the last day of the month containing the third anniversary of the date of filing (Rule 51(1) EPC).
Example 3: A request for early processing under Article 23(2) PCT is filed together with a request for automatic debiting on 14.11.2017. The documents referred to in Article 20 PCT are not yet available to the EPO. The EPO issues a communication (EPO Form 1231) informing the applicant that the fees due must be paid by another means of payment; otherwise, the fees due under Rule 159(1) EPC will be automatically debited on the date the documents referred to in Article 20 PCT are received from the IB, and the request for early processing will then take effect on that date. On 22.11.2017 the applicant pays the filing fee, the additional fee and the search fee by bank transfer. On receipt of the documents referred to in Article 20 PCT, the EPO will verify that the additional fee paid was correct. If it was too low, the request for early processing will take effect when the shortfall is made good. If the additional fee (and all other fees due) are correctly paid, the effective date of early entry is the date on which the payment is received on the EPO bank account. Any further fees under Rule 159(1) EPC falling due at a later date will be debited automatically in accordance with points 5.1 and 6 AAD.
Example 4: The applicant of example 3 does not pay separately the fees due. The documents referred to in Article 20 PCT are transmitted from the IB to the EPO under Rule 47.4 PCT on 11.12.2017. The fees due are debited automatically on that date, which is then the effective date of early entry.
Example 5: A request for early processing under Article 23(2) PCT is filed on 14.11.2017, together with a request for automatic debiting. The documents referred to in Article 20 PCT are not yet available to the EPO. Also on 14.11.2017, the applicant submits a valid debit order for the fees due under Rule 159(1) EPC. The deposit account contains sufficient funds, and the fees are debited on 14.11.2017. On receipt of the documents referred to in Article 20 PCT, the EPO will verify that the additional fee paid was correct. If it was too low, the EPO will debit any shortfall from the applicant’s deposit account, applying the principles of decision T 152/82. Provided the deposit account contains sufficient funds, the request for early processing then takes effect on 14.11.2017. Any further fees under Rule 159(1) EPC falling due at a later date will be debited automatically in accordance with points 5.1 and 6 AAD.
For further details, please see the Arrangements for deposit accounts and their annexes. For the fees payable on filing of the request for early processing, see the notice from the European Patent Office dated 21 February 2013 concerning the request for early processing, OJ EPO 2013, 156, points II.6 and 7.