EUROPEAN PATENT CONVENTION - Table of Contents Implementing Regulations to the Convention on the Grant of European Patents PART III - IMPLEMENTING REGULATIONS TO PART III OF THE CONVENTION Chapter I - Filing of the European patent application   Rule 39 - Designation fees

Rule 39 Designation fees

Art. 3, 78, 80, 88, 121, 149 R. 15, 17, 36, 41, 68, 112, 135, 143, 159, 160

(1) Designation fees shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report.

(2)25 Where the designation fee is not paid in due time in respect of any Contracting State, the designation of that State shall be deemed to be withdrawn.

(3) Where no designation fee is paid in due time or the designations of all the Contracting States are withdrawn, the European patent application shall be deemed to be withdrawn.

(4) Without prejudice to Rule 37, paragraph 2, second sentence, designation fees shall not be refunded.

25 See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).