If a Euro-PCT application is refused or deemed to be withdrawn following the non-observance of a time limit in the European phase, the applicant may request further processing or, where further processing is no longer available, re-establishment of rights (see e.g. points 5.5.009, 5.5.014, 5.6.012, 5.7.013, 5.7.016, 5.8.006, 5.8.008, 5.9.020, 5.9.022, 5.10.011, 5.10.014, point 5.11.003, 5.11.009 and point 5.13.009). Requests for further processing and for re-establishment of rights are made by performing the omitted act and by paying the applicable fee.

Omitting to take the steps necessary to enter the European phase within the 31-month time limit amounts to non-observance of several time limits. Further processing must be requested for each omitted step. The applicant is informed accordingly in a communication of loss of rights (EPO Form 1205N). The requests for further processing must be filed and the deficiencies remedied within two months of notification of the communication.  

For omitted procedural acts (e.g. late filing of a translation), the further processing fee is a flat rate (fee code 122). For late payments, the further processing fee amounts to 50% of the late-paid fee (fee code 123).  

If the time limit for requesting further processing has expired, the applicant may request re-establishment of rights in respect of that time limit. The request is valid only if the corresponding fee is paid. Re-establishment must be requested for each time limit missed. However, for acts considered to be unitary procedural acts (see point 5.19.003) only one fee for each unitary act is due.