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); ]

(i)where neither (ii) nor (iii) applies, within one month of filing the European application[Rule 38; ]

(ii)for European divisional applications or European applications filed according to Art. 61(1)(b), within one month of filing the divisional or Art. 61(1)(b) application[Rule 36(3); Rule 17(2); ]

(iii)for Euro-PCT applications, within 31 months of the filing date or, where applicable, from the earliest claimed priority date*. [Rule 159(1); ]

*Note that when a supplementary European search report is dispensed with 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 If either fee is not paid on time, the application is deemed to be withdrawn.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); ]

Pursuant to Art. 2(1) RFees as amended by Decision of the Administrative Council of 13 December 2017 (OJ EPO 2018, A4), the amount of the filing fee depends on the method and format used for filing the European patent application or its translation, if applicable. However, where a fee level relates to a means of electronic communication or a particular electronic document format, that fee level will only apply when this means or this format, as referred to in Article 2(1) RFees, is made available. The date on which such fee level will apply is to be specified by the President of the Office (see Art. 2(4) RFees as adopted by Decision of the Administrative Council of 12 December 2018, OJ EPO 2019, A3, and the Notice from the EPO dated 24 January 2019, OJ EPO 2019, A6). At present, for European patent applications, the fee levels of the filing fee and of the fee for grant relating to the filing in character-coded format (DOCX) are not applied. The latest information on the applicable fee levels and amounts can be found on the EPO website (see also A‑X, 1).

With regard to Euro-PCT applications (type (iii)), see E‑IX, 2.1.4.

For the reduction of the filing fee under the language arrangements, see A‑X, 9.2.1 and A-X, 9.2.2.[Rule 6(3); Rule 6(7); ]