Under Rule 39(1), the designation fee(s) can be validly paid up to the same time limit as the examination fee and therefore will be generally paid at the same time as the examination fee. The examination whether and to what extent a designation fee has been validly paid has been entrusted to the formalities officer by virtue of Rule 11(3); see the Decision of the President of the EPO dated 12 December 2013, OJ EPO 2014, A6; OJ EPO 2015, A104. The same applies to the examination as to whether extension or validation fees have been paid, see A‑III, 12.2.[Rule 39(1); Art. 90(3); ]
Date retrieved: 30 December 2018
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EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - C Procedureal Aspects of Substantive Examination
Offical Journal of the EPO
XOJ EPO 2015, A104 - Decision of the President of the European Patent Office dated 23 November 2015 concerning the entrustment to non-examining staff of certain duties incumbent on the examining or opposition divisions