GA E IX 6 Non-observance of the time limit for payment of the search fee

If the search fee is not paid in due time the Euro-PCT application will be deemed to be withdrawn and the applicant will be informed of this in a communication under Rules 112(1) and 160(2) EPC.
The loss of rights is deemed not to have ensued if within two months after notification of this communication further processing is requested by payment of the further processing fee, which amounts to 50% of the search fee, together with the missing search fee.  
Since the search fee does not form part of the national (filing) fee (see point 540), applicants cannot request re-instatement of rights under Rule 49.6 PCT.
If the time limit for requesting further processing has been missed (see point 596), a request for re-establishment of rights in respect of the period under Rule 135(1) EPC may be filed. The request is not deemed to have been filed until the fee for re-establishment relating to the omitted act, i.e. payment of the search fee under Rule 159(1)(e) EPC, has been paid. Attention is drawn to the further requirements under Article 122 and Rule 136 EPC for the request to be admissible and allowable.

14 references found.

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EPC Articles

EPC Implementing Rules

EPC Rules relating to Fees

EPO Guidelines - E General Procedural Matters

EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

PCT Articles

PCT Implementing Rules