Legal Evaluation of Each Statement
The applicant receives on 07 March 2025 two invitations (both dated 05 March 2025) to pay one additional search fee for lack of unity:
- one under the EPC for European application EP-A; and
- one under the PCT for international application PCT-B, with the EPO acting as ISA.
You further specify that the EPO was closed on 05 May 2025.
Because one invitation is governed by the EPC and the other by the PCT, the time limits and their calculation differ.
EP-A (EPC): further search fee after lack of unity
Length of the period: Under Rule 64(1) EPC, if the European search finds lack of unity, the EPO invites the applicant to pay additional search fees within a period of two months.
So statement (a) (“period … is two months”) is true.
Latest date for payment (taking the closure into account)
The invitation is dated 05 March 2025. A 2-month period expressed in months ends in the relevant subsequent month on the day with the same number (here “05”). This follows the EPC rules on calculation of periods.
So, prima facie: 05 March 2025 + 2 months = 05 May 2025.
However, under Rule 134(1) EPC, if a period expires on a day on which an EPO filing office is not open for receipt of documents, the period is extended to the first day thereafter on which all filing offices are open.
The Official Journal notice on EPO closing days for 2025 lists Monday 05 May 2025 (Liberation Day) as a closing day for filing offices.
Therefore the EP-A deadline is extended to the next day the EPO is open, i.e. 06 May 2025. Hence statement (b) (“must be paid at the latest by 05 May 2025”) is false.
PCT-B (PCT, EPO as ISA): additional search fee for lack of unity
Length of the period: For the international search, Rule 40.1(ii) PCT provides that the ISA invitation must invite the applicant to pay the additional fees within one month from the date of the invitation.
So statement (c) (“period … is two months”) is false.
Latest date for payment
Starting from the date of the invitation (05 March 2025):
05 March 2025 + 1 month = 05 April 2025.
- Because 05 April 2025 is a Saturday, Rule 80.5 PCT extends the period if the expiry falls on a day on which the relevant Office/organisation is not open for official business, to the next day on which it is open.
Thus the time limit extends to Monday 07 April 2025, making statement (d) true.
Exam Tip:
Always split “additional search fee for lack of unity” questions into EPC vs PCT:
- EPC (European search): Rule 64(1) EPC → 2 months, counted from the EPO notification event (and under current practice, usually the date the communication bears unless the “late delivery” safeguard applies).
- PCT (ISA): Rule 40.1(ii) PCT → 1 month from the date of the invitation, then apply Rule 80.5 PCT for weekends/closures.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.