The designation of the Contracting States in which protection for the invention is desired shall be contained in the request for grant of a European patent, whereas the designation fees may be paid later.

The use of the prescribed Request for Grant form (Form 1001) with its pre-crossed declaration designating all Contracting States belonging to the EPC at the filing of the application (Section 32.1) ensures that all designations are made on the day the application is filed, giving the applicant time - until expiry of the period for paying the designation fees (Art. 79(2), Rules 15(2), 25(2) and 85a(1), (2)) - to decide which Contracting States he actually wants his patent to cover. This he does by paying the designation fees for those States, including any surcharge(s).