Chapter 5 – Euro-PCT procedure before the EPO as a designated or elected Office
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  7. What happens if the time limit for payment of the renewal fee and the additional fee is not observed?
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5.11 Renewal fee and claims fees

Overview

5.11.2.What happens if the time limit for payment of the renewal fee and the additional fee is not observed? 

5.11.003If the renewal fee is not paid within the six-month grace period the application is deemed to be withdrawn and the applicant is informed of this in a communication under Rule 112(1) EPC. As a means of redress, the applicant can file a request for re-establishment of rights in respect of the period for paying the renewal fee and the additional fee. The request is not deemed to have been filed until the fee for re-establishment relating to the omitted act, i.e. paying the renewal fee with the additional fee, has been paid. Attention is drawn to the further requirements under Article 122 and Rule 136 EPC for the request to be admissible and allowable (see point 5.19.004).

Art. 122 EPC
R. 51(2), 136 EPC
Art. 2(1)13 RFees
OJ 2016, A102, A103

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