GA E X 5 Non-observance of the time limit for filing the request for examination and payment of the examination fee

609
If the request for examination is not filed or the examination fee is not paid in due time, the application is deemed to be withdrawn. The applicant is informed of this in a communication under Rules 112(1) and 160(2) EPC. If only the examination fee was not paid in due time, 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 examination fee, together with the missing examination fee.
610
If, exceptionally, the applicant neither filed the request for examination nor paid the examination fee in due time, further processing must be requested in respect of both omissions, i.e. in respect of filing the request for examination and payment of the examination fee. It follows that the applicant must file the request for examination and pay the examination fee itself together with two fees for further processing: the flat fee for further processing in respect of the omitted act (i.e. the request for examination) and 50% of the late-paid examination fee.
611
Since the request for examination including payment of the examination 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.
612
If the time limit for requesting further processing has been missed (see point 609), 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. filing the request for examination under Rule 70 EPC, including payment of the examination 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.

16 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