GL A III 12 Extension and validation of European patent applications and patents to/in states not party to the EPC

For Euro-PCT applications entering the European phase, a designation fee with respect to each contracting state designated, up to a maximum of seven times the amount of one designation fee to designate all contracting states, must be paid within 31 months of the filing or priority date, if the time limit specified in Rule 39(1) has expired earlier.

GL A III 11.3.8 Withdrawal of designation

Subject to the final sentence of this paragraph, the designation of a contracting state may be withdrawn by the applicant at any time up to the grant of the patent. A validly paid designation fee is not refunded when a designation is withdrawn. Withdrawal of the designation of all the contracting states results in the application being deemed to be withdrawn and the applicant is notified accordingly.

GL A III 11.3.7 Amount payable

If, given the amount payable under the time limit in question, the sum paid for designation fees during the periods under Rule 39(1) or Rule 135(1) does not cover all the contracting states indicated in the request for grant form (EPO Form 1001), and the payer failed to indicate for which contracting states the fees are intended, then the payer is requested to indicate which states are to be designated, within a period stipu

GL A III 11.3.6 Indication of the contracting states

For European patent applications filed before 1 April 2009, the designation fees are deemed paid for all contracting states upon payment of seven times the amount of one designation fee.

GL A III 11.3.5 Request for grant form

The automatic designation of all of the contracting states party to the EPC at the time of filing of a European patent application is effected by the filing of the application, whereas the designation fees payable for an application filed before 1 April 2009 may be paid later.[Art. 79(1); (2); ]

Applicants have time – until expiry of the period for paying the designation fees (Rul

GL A III 11.3.4 Application deemed to be withdrawn

Where no designation fee is validly paid by expiry of the period specified in Rule 39(1), the application is deemed to be withdrawn.[]

If no designation fees are paid on time leading to a deemed withdrawal of the application under Rule 39(3), in force until 31 March 2009, the EPO sends the applicant a communication according to Rule 112(1) with notification of this loss of rights.

GL A III 11.3.3 Amount paid insufficient

If, during the period for requesting further processing, designation fees are paid without an additional sum sufficient to cover the amount of the further processing fee, it is first necessary to establish how many designation fees including the further processing fee are covered by the total sum paid for that purpose.

GL A III 11.3.2 Consequences of non-payment of designation fees

Where the designation fee has not been paid in due time in respect of any designated state, the designation of that state shall be deemed to be withdrawn (see also A‑III, 11.3.4).[]

If the designation fee for a particular contracting state is not paid in time, the EPO sends the applicant a communication under Rule 112(1) with notification of the deemed withdrawal of the designation in question according to

GL A III 11.3.1 Designation fee; time limits

The designation of a contracting state is subject to payment of a designation fee. A single joint designation fee is payable for Switzerland and Liechtenstein.

GL A III 12 Extension and validation of European patent applications and patents to/in states not party to the EPC

GL A III 11.3.9 Euro-PCT applications entering the European phase before 1 April 2009