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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 the search fee Reduction of the search fee Claims fee


Non-observance of the time limit for payment of the search fee


240

If the search fee is not paid in due time the application will be deemed to be withdrawn and the applicant will be informed thereof in a communication under Rule 108(3) EPC. The loss of rights is deemed not to have occurred if, within two months of notification of this communication, the search fee and a surcharge are paid.

Art. 157(2)(b) EPC

R. 108(1) EPC(3) EPC



241

A request for re-establishment of rights in respect of the time limit for payment of the search fee is ruled out (see decision G 3/91).

Art. 122(5) EPC

OJ 1993, 8




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