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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 filing the request for examination and for payment of the examination... Reduction if IPER was issued by the EPO Renewal fees


Non-observance of the time limit for filing the request for examination and for payment of the examination fee


257

If the request for examination is not filed or the examination fee is not paid in due time, the application is deemed to be withdrawn. The applicant is informed of this 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 the above communication, the omitted act is performed and a surcharge paid.

Art. 94(3) EPC
R. 108(3) EPC
Art. 2(3b), (7) RFees



258

Re-establishment of rights in respect of the time limit for filing the request for examination or paying the examination fee is excluded (see decision G 3/91).

Art. 122(5) EPC

OJ 1993, 8




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