Legal framework
Under Article 23(1) PCT, the EPO as designated Office does not normally process or examine the international application before expiry of the applicable national/regional phase time limit. Under Article 23(2) PCT, the applicant may expressly request earlier processing.
For the EPO, the normal Euro-PCT entry period is 31 months from the international filing date or, if priority is claimed, from the priority date: Rule 159(1) EPC. Here, PCT-1 was filed on 18 March 2024 and claims no priority, so the ordinary 31-month period would expire on 18 October 2026, subject to any applicable extension rules. Rule 159(1) EPC lists the acts for entry into the European phase, including payment of the filing fee, payment of the designation fee if the Rule 39 period has expired earlier, filing the request for examination if the Rule 70 period has expired earlier, and payment of the third-year renewal fee if it has fallen due earlier.
For an effective request for early processing, the applicant must comply with the requirements of Rule 159(1) EPC as if the 31-month period expired on the date of the early-processing request. However, the EPO notice clarifies that whether the designation fee, examination fee and renewal fee must already be paid depends on whether their ordinary EPC time limits have expired, or whether the renewal fee has already fallen due, by that date. See OJ EPO 2013, 156, points 6 and 7, and Guidelines E-IX, 2.8.
Statement a)
True.
The filing fee must be paid for the request for early processing to be effective.
The EPO notice on early processing expressly lists payment of the filing fee as one of the requirements that must be complied with for the request for early processing to be effective. This includes any additional page fee if the application has more than 35 pages. Here, the application has 21 pages, so no additional page fee is triggered, but the basic filing fee must still be paid.
Statement b)
False.
The application has 17 claims, so claims fees would in principle be due for the 16th and 17th claims. However, claims fees are not a requirement for an effective request for early processing.
The EPO notice expressly states that claims fees for claims in excess of fifteen need only be paid upon expiry of the period under Rule 162(2) EPC, and that their payment is not a requirement for early processing to be effective. Rule 162(2) EPC also allows claims fees not paid in due time to be paid within the Rule 161 period.
Statement c)
False.
The designation fee and the examination fee are not required for the request for early processing to be effective on 14 October 2025.
The international application was published together with the international search report after 18 months, i.e. around 18 September 2025. The designation fee under Rule 39(1) EPC is due within six months of the date on which the European Patent Bulletin mentions publication of the European search report. The request for examination under Rule 70(1) EPC is likewise due up to six months after that mention.
On 14 October 2025, those six-month periods are still running. Under the EPO notice on early processing, where those periods have not yet expired on the date of the early-processing request, the request is effective without payment of the designation fee and without filing the request for examination and paying the examination fee.
However, if the applicant wants examination itself to start immediately, a valid request for examination and payment of the examination fee are still needed. That is a condition for examination to start, not a condition for early processing to be effective.
Statement d)
False.
The third-year renewal fee is not required for the request for early processing to be effective on 14 October 2025.
For a European patent application, renewal fees are due on the last day of the month containing the anniversary of the filing date: Rule 51(1) EPC. PCT-1 was filed on 18 March 2024. The third-year renewal fee therefore falls due on 31 March 2026.
On 14 October 2025, that fee has not yet fallen due. Under Rule 159(1)(g) EPC, payment of the third-year renewal fee is required on European phase entry only if the fee has fallen due earlier under Rule 51(1) EPC. That is not the case here.
Exam tip
For early Euro-PCT entry, do not simply ask whether a fee will eventually be due. Ask whether it is a necessary requirement on the date of the early-processing request. The filing fee is always part of the necessary requirements. Claims fees are not. The designation fee, examination fee and third-year renewal fee depend on their ordinary EPC deadlines; if those deadlines have not yet expired, or the renewal fee has not yet fallen due, they are not needed to make early processing effective.
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.