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Part IX – Implementing Regulations to Part X of the Convention

Overview

Rule 160206
Consequences of non-fulfilment of certain requirements and deemed withdrawal

(1) If either the translation of the international application or the request for examination is not filed in due time, or if the filing fee, the search fee or the designation fee is not paid in due time, the European patent application shall be deemed to be withdrawn.

(2)207 If the European Patent Office notes that the application is deemed to be withdrawn under paragraph 1, it shall communicate this to the applicant. Rule 112, paragraph 2, shall apply mutatis mutandis.

(3)208 On entry of a Euro-PCT application into the European phase, the designation of those Contracting States that are Member States of the European Union shall be deemed to be withdrawn in accordance with Rule 39, paragraph 2a.

206Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), which entered into force on 01.04.2009.
Title amended by decision of the Administrative Council CA/D 13/24 of 10.12.2024 (OJ EPO 2024, A105), which entered into force on 16.12.2024.

207See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

208Inserted by decision of the Administrative Council CA/D 13/24 of 10.12.2024 (OJ EPO 2024, A105), which entered into force on 16.12.2024. The version of Rule 160 which was in force prior to its amendment by decision CA/D 13/24 shall be reinstated on the date Article 5s(3) of Regulation (EU) No 833/2014 ceases to have effect.
See notice from the EPO of 10.12.2024 (OJ EPO 2024, A106).

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