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Guidelines for Examination

 
 
11.2.5
Euro-PCT applications entering the European phase 

For Euro-PCT applications entering the European phase, the designation fee must be paid within 31 months of the filing or priority date, if the time limit specified in Rule 39(1) has expired earlier.

According to Rule 160(1), if the designation fee for the Euro-PCT application entering the European phase is not paid within the basic period under Rule 159(1)(d), the European patent application (see Art. 153(2)) is deemed to be withdrawn. If the EPO finds that such deemed withdrawal of the European patent application has occurred, it notifies the applicant of this loss of rights according to Rule 112(1). In response to this communication, the applicant can request further processing according to Art. 121 and Rule 135 (see E-VII, 2.1).

For the designation fee in relation to Euro-PCT applications entering the European phase, see also E-VIII, 2.1.3 and 2.3.11.