The request for examination must be filed and the examination fee paid within 31 months from the filing date or, if priority has been claimed, from the earliest priority date, or up to six months after the date of publication of the ISR, whichever time limit expires later. Therefore, as a rule and unless the ISR was published after 25 months from the date of filing or the earliest priority date, the request for examination must be filed and the examination fee paid within the 31-month time limit.
In most cases the request for examination must be filed and the examination fee must be paid before the supplementary European search report is transmitted to the applicant (see point 577578). After transmission of the report, the EPO will invite the applicant to indicate whether he wishes to proceed further with the application (see point 577578). The applicant can waive his right to be asked whether he wishes to proceed further with the application, e.g. by crossing the box in Section 4.2 of Form 1200.
On the right to a refund of the examination fee see points 580581 ff.
Neither the drawing-up of a supplementary European search report (see points 572573 ff) nor publication of the translation of the Euro-PCT application (see points 511512 ff) affect the time limit for filing the request for examination and payment of the examination fee.
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_e_x_2.html
Date retrieved: 24 November 2017
11 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase