219

If a designation fee is not paid in due time, the designation of the corresponding state is deemed withdrawn. If no designation fee at all has been paid in time, the application will be deemed withdrawn.

220

The applicant will be informed of any deemed withdrawal in a communication under Rule 108(3) EPC if he has not dispensed with such notification (Form 1200, Section 10.2). The loss of rights is deemed not to have occurred if, within two months of notification of the above communication, the fees and a surcharge are paid.

221

If the applicant has dispensed with the communication under Rule 108(3) EPC in respect of any designation not indicated in Form 1200, Section 10.2, he may within a non-extendable period of grace of two months from expiry of the normal time limit validly pay any designation fee, provided that within this grace period a surcharge is also paid.

222

A request for re-establishment of rights in respect of the time limit for payment of a designation fee is excluded (see decision G 3/91). The same applies for a request under Rule 49.6 PCT, since the EPO has made a reservation.