The filing fee and search fee for the divisional application must be paid within one month after it is filed (basic time limit). The designation fees must be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the divisional application.

The search fee must be paid even if a further search fee has already been paid under Rule 46(1) in respect of the search report on the parent application for the part of the application which was lacking in unity and which is now the subject of the divisional application (for reimbursement of the search fee see IV, 1.8).

If the fees have not been paid within the normal period they may still be validly paid within the periods of grace under Rule 85a provided that within those periods a surcharge is also paid (see II, 4.2.1 and III, 12.2 and III, 12.3). The result of non-compliance with these provisions is as indicated in II, 4.2.3, for filing and search fees, and III, 12.4, 12.5 and III, 12.8 for designation fees.