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filing fee and/or, where applicable, the page fee, is not paid in full in due time, the application is deemed to be withdrawn.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 675). 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The applicant may also request re-instatement of rights if the application is deemed withdrawn because the filing fee was not paid in due time.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 521).
If the time limit for requesting further processing has been missed (see point 552), 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 filing fee under Rule 159(1)(c) EPC, including any additional fee, 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.
Date retrieved: 30 December 2018
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EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase