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In order that examination of a European application can begin, the applicant is required to file a request for examination, which, however, is not deemed to be filed until after a written request has been made and the examination fee has been paid. The request for examination may be filed from the date on which the application is filed up to the end of six months after the date on which the European Patent Bulletin mentions the publication of the European search report. If the request for examination has not been filed within the time limit it may still be validly filed within a 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 is paid. If the request for examination is not filed in due time, the application is deemed to be withdrawn. Re-establishment of rights in respect of the time limit for filing the request for examination pursuant to Art. 94(2) is not possible (see also VI, 1.1.3, for Euro-PCT applications).
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Art. 94
Rule 85b
Art. 2, No. 7, RFees
Art. 122(5)
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