1.4.1 Filing, search and designation fee(s) 

The filing fee and search fee for the divisional application must be paid within one month of filing the European patent application. For the additional fee due for any pages in excess of 35, see A‑III, 13.2. For the additional fee due for divisional applications of second or subsequent generations, see A‑IV, 1.4.1.1. The designation fee(s) must be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the divisional application.

The search fee must be paid even if a further search fee has already been paid under Rule 64(1) in respect of the search report on the parent application for the part of the application that was lacking in unity and that is now the subject of the divisional application (for reimbursement of the search fee, see A‑IV, 1.8).

If, within the applicable time limit, the filing, search or designation fees have not been paid, the application is deemed withdrawn. The EPO informs the applicant of these losses of rights in a communication under Rule 112(1). The applicant can request further processing according to Art. 121 and Rule 135.

For divisional applications filed before 1 April 2009, see A‑III, 11.3.2 and A-III, 11.3.4 for the deemed withdrawal of single designations or of the application and applicable remedies.