GA E VIII 1 Non-observance of the time limit for payment of the designation fee

If the designation fee is not paid in due time, the application is deemed withdrawn. The applicant will be informed thereof in a communication under Rules 112(1) and 160(2) EPC.
Further processing may be requested within two months after notification of the communication of the loss of rights by payment of the designation fee together with the fee for further processing, which amounts to 50% of the designation fee. 
Since the designation 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 561), 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 designation fee under Rule 39 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.

15 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

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