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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)... D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II ANNEX I Terms and abbreviations
II. What must the applicant do to initiate the European phase? I. General III. Filing of other documents
Non-observance of the time limit for payment of extension fees Extension and extension fees (Form 1200, Section 11) Supplementary European search


Non-observance of the time limit for payment of extension fees


227

If no valid payment is made, the (deemed) request for extension will be deemed withdrawn.


228

If an extension fee is not paid in due time - even if the intention to pay the extension fee for one or more states was indicated in Form 1200, Section 11 - no communication pointing out the failure to observe the time limit for payment is issued. However, an extension fee may still be paid within a non-extendable period of grace of two months following expiry of the normal time limit, provided that within this grace period the missing extension fee(s) plus a surcharge is (are) paid.

R. 85a(2) EPC

OJ 1994, 75

OJ 1997, 538

OJ 2001, 588, 590




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