215

EPC contracting states may only be designated in the European phase if they were already designated in the international application (see point 35). Since, by filing the PCT request, all possible states and intergovernmental organisations are automatically designated, all EPC contracting states that were EPC and PCT member states at the date of filing the international application can be designated in the European phase (see point 156). An exception applies only where the applicant has withdrawn the designation "EP" for all or for some EPC contracting states. Payment of designation fees in the European phase is thus to be considered as confirmation and as a definitive choice following the (automatic) designation "EP" in the PCT request.