If the filing fee, i.e. the basic filing fee and/or, where applicable, the page fee, is not paid in full in due time, the application is deemed to be withdrawn. Further, the Euro-PCT application will not be considered as comprised in the state of the art under Article 54(3) EPC (see point 658). The applicant is informed of the loss of rights in a communication under Rules 112(1) and 160(2) EPC.
If the basic filing fee is not paid (in full) in due time, the fee for further processing amounts to 50% of the basic filing fee. If the page fee is not paid (in full), the fee for further processing in respect of this part of the filing fee amounts to 50% of the page fee for the number of pages for which the page fee has not been paid.
The applicant may also request re-instatement of rights if the application is deemed withdrawn because the filing fee was not paid in due time. Given the fact that the fee is higher and stricter requirements apply, this remedy has no advantages, unless the period for requesting further processing has already expired (see point 516).
Date retrieved: 02 November 2015