GA E X 2 When must the request for examination be filed? When must the examination fee be paid?

602
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. 
603
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 587). After transmission of the report, the EPO will invite the applicant to indicate whether he wishes to proceed further with the application (see point 587). The applicant can waive his right to be asked whether he wishes to proceed further with the application, e.g. by ticking the second check box in Section 12.2 of Form 1200.
604
On the right to a refund of the examination fee see points 590 ff.
605
Neither the drawing-up of a supplementary European search report (see points 581 ff) nor publication of the translation of the Euro-PCT application (see points 516 ff) affect the time limit for filing the request for examination and payment of the examination fee.

12 references found.

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EPC Implementing Rules

EPC Rules relating to Fees

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

Offical Journal of the EPO