Non-observance of the time limit for filing the request for examination and for payment of the examination fee
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257

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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request for examination is not filed or the examination fee is not paid in due time, the application is deemed to be withdrawn.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
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258

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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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