Under Art. 75 EPC a European patent application may be filed with the EPO or, if the law of a Contracting State so permits, (and subject to Art. 76(1) EPC) with the central industrial property office or other competent authority of that State.

According to J 3/80 (OJ 1980, 92), the obligation to forward European patent applications filed nationally to the EPO rests upon the relevant central industrial property office and not upon the applicant (see also J 1/12 in this chapter IV.A.5.1.; see also chapter III.E.2.2. "Re-establishment only in cases of failure to observe a time limit for which it was for the applicant to observe").

The form of filing is regulated by R. 2 EPC and may be by hand, by post or by technical means of communication. Details and conditions are laid down by the President of the EPO. Documents purporting to be documents filed subsequently for the purposes of R. 2(1) EPC must be deemed not to have been received if they are filed with technical means not approved by the President of the EPO (T 765/08).