The request for examination may be filed by the applicant up to the end of six months after the date on which the European Patent Bulletin mentions the publication of the European search report (normal period). The request for examination is not deemed to have been filed until a written request has been filed and the examination fee paid. If the request for examination is not filed within the normal period, it may still be validly filed 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 the period of grace a surcharge of 50% of the examination fee is also paid.

Immediate filing of the written request for examination, provided for in the prescribed Request for Grant form (Form 1001), rules out the possibility of a loss of rights where the applicant pays the examination fee during the prescribed period but fails to file the written request for examination. The applicant has only one more procedural act - payment in due time of the examination fee (Art. 94(2), Rule 85b) - to worry about.

On the other hand, there is nothing to stop him paying the examination fee at the same time as he files the application. If, after receipt of the European search report, he decides to not pursue the application further and does not react to the invitation pursuant to Art. 96(1), the application will be deemed withdrawn pursuant to Art. 96(3) and the examination fee will be refunded in its entirety (see VI, 2.5).

If the applicant has filed an automatic debit order, the examination fee will only be debited at the end of the six month period. If he wishes the application to be transmitted earlier to the Examining Division, he should pay the fee separately (see Supplement No. 2 to OJ 1/2005, 18, re point 12 AAD).

The request for examination may not be withdrawn.

Regarding Euro-PCT applications entering the European phase, see VII, 1.3 and VII, 5.2.