EP Timelines

4.5 EP Application Claiming Priority: Timeline

Deadline Action Extensions / Safeguards

0 months File priority application.

12 months from priority A80, R40: File an application comprising a request, applicant ID and a description or file a reference to an earlier relevant application. Also file any referenced figures.

+1 month from filing A78(2), R38: Pay filing fee and search fee within one month of filing the application, and any excess (>15) claim fees.

12-16 months from priority A88, R52: Declare priority on filing (or up to 16 months from earliest priority claim). R56: two months from notification to add missing parts without changing filing date if they can be shown to be present in the priority application. R134(1): The priority year extends to the next open day (of all the EPO filing offices). R57, R58: If do not file claims or abstract at date of filing, then do so within two months of invitation by EPO. In practice there is a serious risk of adding matter with late claims. Likewise must also file translation into official EPO language (EN, FR, DE) within two months of notice if necessary.

A78(2): If do not pay filing/search fees in time the application is withdrawn. A121: Use further processing within two months of notification of loss of rights. In this case the further processing fee is 50% of the missing fee(s). R45: Can pay claims fee within 1 month of invite to do so, or excess claims lost.

R52(3) The claim can be corrected at any time up to 16 months from the earliest priority. A122: Re-establishment possible if deadline missed despite due care.

16 months from priority

~18 months from priority A88, R53: Provide details of priority application (date, state of filing and file no.) and file a certified copy. R59: If the details or certified copy are not provided in time, the EPO will request them within a specified period (usually two months). A122: If this further deadline is missed, reestablishment may be possible.

A93(1): Publication of the specification, conferring rights under A67. R67(2): Can prevent publication by withdrawing the application before technical preparations to publish are complete (five weeks before publication).

4.5 EP Application Claiming Priority: Timeline

Deadline

~18 months from priority

~24 months from priority

~24 months from priority

36 months from filing

Action

R68: Publication of the search report (usually with specification, but not always).

A94(1),R70(1): File request for examination and pay examination fee within six months of the publication of the search report.

A79(2), R39(1): Pay unitary designation fee within six months of the publication of the search

report.

A86(1), R51: Pay renewal fees, starting with the third year, by the end of the calendar month containing the third anniversary.

Extensions / Safeguards

The written request is pre-printed on the request for grant form. Anyone can pay the exam fee. If not paid in time the application is withdrawn. A121: Use further processing within of notification of loss of rights. The further processing fee is 50% of the exam fee.

If the unitary designation fee is not paid in time then the application is deemed withdrawn. A121: Use further processing within two months of notification of loss of rights. Here, the further processing fee is 50% of the missing designation fee.

R51(2): six-month grace period with 50% surcharge. A122: If still fail to pay, use re- establishment if can show due care.

Grant A97(1), R71: Pay grant and printing fees plus any outstanding claims fees within four months of notification of intent to grant, and pay any designation fees or renewal fees due if not yet paid.

9 months from mention of grant in EPB A99(1): (Someone else can) File an opposition to the granted patent and pay the fee. No extension possible. Some errors in a notice of opposition can be corrected – see R77(1),(2) for details.

If granted within six months of the search report, then the designation fee may not have been paid yet. If granted at around three years from filing, then a renewal fee may be due between notification and actual grant. See above for the relevant extensions. A121: If miss the four-month deadline, use further processing within two months of notification of a loss of rights.