When must the applicant decide on the scope of protection sought for the European patent?
Upon entry into the European phase the applicant must pay the designation fee (see point 556). Payment of this fee confirms the designation of all EPC contracting states that were designated on the international filing date for a European patent (see points 31, 116 ff).
Within the time limit for payment of the designation fee, the applicant must decide on the extension or validation states for which he seeks extension or validation of the European patent and must pay the due fee (see points 123 ff, 564 ff). This fee is to be paid for each extension or validation, and no flat fee applies.

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