The applicant is required to pay a filing fee and, subject to the exception mentioned below (see the note to point (iii) below), a search fee. The filing and search fees must be paid within the following periods:[Art. 78(2); ]
*Note that when a supplementary European search report is not prepared by the EPO (see B‑II, 4.3), no search fee is required for the Euro-PCT application (Rule 159(1)(e)).
With regard to applications of types (i) and (ii), the EPO will check that these fees have been paid. If either fee is not paid on time, the application is deemed to be withdrawn. The EPO will notify the applicant of the loss of rights according to Rule 112(1); the applicant can respond by requesting further processing according to Art. 121 and Rule 135.[Art. 90(3); Rule 57(e); Art. 78(2); Rule 36(3); Rule 17(2); ]
With regard to Euro-PCT applications (type (iii)), see E‑IX, 2.1.3.
Date retrieved: 24 November 2017
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EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase