Article 79 - OJ 1997, 79

More time to pay designation fees

- OJ 1997, 79 -

1. On 5 December 1996 (see page 12 et seq.), the Administration Council of the European Patent Organisation amended the European Patent Convention (EPC), its Implementing Regulations and the Rules relating to Fees (RFees) with effect from 1 July 1997.

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New time limit for paying designation fees

5. With effect from 1 July 1997, the designation fees for European patent applications are payable within six months of the date on which the European Patent Bulletin mentions the publication of the European search report (Art. 79(2) EPC as amended). The time limit for paying the designation fees will thus in future be the same as that for filing the request for examination (Art. 94(2) EPC) and paying the examination fee. Even if the examination fee is paid early, the designation fees can be paid at any time within the new time limit under Art. 79(2) EPC as amended. Rule 85a EPC remains unaffected.

6. The new time limit for paying the designation fees applies to all European patent applications for which on 1 July 1997 the designation fees in force before that date have not yet been validly paid and the time limit for paying them, under Art. 79(2) EPC as currently worded, has not expired.

7. For paying designation fees for Euro-PCT applications on entry into the European phase before the EPO, the 21- or 31-month time limits as from the filing or priority date (Rule 104b(1) EPC) continue to apply. Art. 79(2) EPC as amended is not applicable.