The filing and search fees must be paid to the EPO within one month after the filing of the application (normal period). Where the application does not at first satisfy the requirements for the accordance of a date of filing, "the filing of the application" means the date of filing as referred to in II, 4.1.5(ii).

If the fees have not been paid within the normal period, they may still be validly paid within a non-extendable period of grace of one month of notification of a communication pointing out the failure to observe the time limit, provided that within this period a surcharge is also paid. As indicated in XI 9.2.2, the filing fee is reduced when the language of the application is not an official language of the EPO. However, the communication pursuant to Rule 85a(1) should not be issued until the Receiving Section has satisfied itself that the application has been accorded a date of filing in accordance with Art. 80 (see J 18/96, OJ 8/1998, 403).