11.2.3 Consequences of non-payment of the designation fee

Where the designation fee has not been paid by expiry of the period specified in Rule 39(1), the application is deemed to be withdrawn.

In this case, the EPO sends the applicant a communication under Rule 112(1) notifying him of this loss of rights. In response to this communication, the applicant can request further processing according to Art. 121 and Rule 135 (see E‑VII, 2.1).

The loss of rights ensues on expiry of the normal period under Rule 39(1) and not upon expiry of the period for further processing (see G 4/98, mutatis mutandis).

For Euro-PCT applications entering the European phase on or after 1 April 2009, see A‑III, 11.2.5.

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