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Guidelines for Examination

 
 
11.3.9
Euro-PCT applications entering the European phase 

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

Pursuant to Rule 160(2), the designation of any Contracting State for which no designation fee has been paid in time is deemed to be withdrawn. According to Rule 160(1), if no designation fee for the Euro-PCT application entering the European phase is paid at all within the basic period under Rule 159(1)(d), the European patent application (see Art. 153(2)) is deemed to be withdrawn.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 or the designation of a Contracting State 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).

Rule 160, old version
Art. 153(2)

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

References

Rule 159(1)(d)

Rule 160, old version
Art. 153(2)