2.1.5.4 Request for examination

Under Rule 159(1)(f), if the time limit specified in Rule 70(1) has expired earlier, the request for examination must be filed within a period of 31 months from the date of filing or, if priority has been claimed, from the earliest priority date (see also E‑IX, 2.5.2). The time limit under Rule 70(1) for filing the request for examination and payment of the examination fee runs from the date of publication under Art. 21 PCT of the international search report (see A‑VI, 2). Neither the drawing up of a supplementary European search report nor publication of the translation of the Euro-PCT application affects the time limit for filing the request for examination and payment of the examination fee.

The required written request for examination is automatically made if EPO Form 1200 for entry into the European phase is filed in due time since the appropriate checkbox is preselected.

Even if a request for examination is effective, examination under Art. 94 will only start once any required supplementary European search report is available to the examining division (see B‑II, 4.3.2).

For information on how to correct a failure to file the request for examination in due time, see E‑IX, 2.1.5.6.

For general guidance on the payment of fees, see A‑X. To support small entities and micro-entities, applicants fulfilling certain criteria are eligible for fee reductions (for the eligibility criteria, see A‑X, 9.2, A-X, 9.3 and A-X, 9.4).