5.2.2 Examination fee and designation fee 

The examination fee is due when the request for examination is filed. Since the latter is contained in the request for grant form (EPO Form 1001), the examination fee may be paid straight away on the European patent application's filing date if the application is filed with said prescribed EPO Form 1001. It may be paid up to expiry of the period laid down in Rule 70(1), namely within six months of the date on which the European Patent Bulletin mentions the publication of the European search report.

The designation fee falls due upon publication of the mention of the European search report. It may be paid within six months of the mentioned date of publication (Rules 39(1), 17(3) and 36(4)). Where paid before the due date, e.g. upon filing of the application, the designation fee will however be retained by the EPO. These payments will only be considered valid from the due date, provided that the amount paid corresponds to the amount payable on the due date of payment (see A‑X, 5.1.2).

For Euro-PCT applications, see E‑IX, 2.1.4 and E‑IX, 2.8.