When must the applicant decide on the scope of protection sought for the European patent?
Upon entry into the European phase the applicant must pay the designation fee (see point 554). Payment of this fee confirms the designation of all EPC contracting states that were designated on the international filing date for a European patent (see points 31, 115 ff).
Within the time limit for payment of the designation fee, the applicant must decide on the extension states for which he seeks extension of the European patent and must pay the extension fees due (see points 122 ff, points 561 ff). An extension fee is to be paid for each extension, and no flat extension fee applies.