11.2.4 Withdrawal of designation 

Subject to the final sentence of this paragraph, the applicant may withdraw the designation of one or more contracting states at any time up to the patent's grant. Withdrawing the designation of all contracting states results in the application being deemed withdrawn and the applicant being notified accordingly.

In neither case is a validly paid designation fee refunded (see A‑X, 10.1.1).

A contracting state's designation may not be withdrawn from the date a third party proves to the EPO that they have initiated entitlement proceedings and up to the date when the EPO resumes proceedings for grant.

The applicant may withdraw designations when filing the European patent application, e.g. to avoid overlapping prior national rights with the priority application according to Art. 139(3). Timely payment of the designation fee will not cause those designations that have been withdrawn to be reactivated.

Where the applicant or one of the applicants is a Russian national, a natural person residing in Russia or a legal person, entity or body established in Russia, the designation of those contracting states that are Member States of the European Union will be deemed withdrawn (see OJ EPO 2024, A105 and OJ EPO 2024, A106).

For European divisional applications, see A‑IV, 1.3.4.

11.2.5EuroPCT applications entering the European phase

For Euro-PCT applications entering the European phase, the designation fee must be paid within 31 months of the filing or priority date, if the time limit specified in Rule 39(1) has expired earlier.

According to Rule 160(1), if the designation fee for the Euro-PCT application entering the European phase is not paid within the basic period under Rule 159(1)(d), the European patent application (see Art. 153(2)) is deemed withdrawn. If the EPO finds that that has occurred, it notifies the applicant of this loss of rights according to Rule 112(1). In response, the applicant can request further processing according to Art. 121 and Rule 135.

For the designation fee in relation to Euro-PCT applications entering the European phase, see also E‑IX, 2.1.1 and E‑IX, 2.1.5.2 A--XII to A--XV.

Upon entry into the European phase, the designation, in a Euro-PCT application, of those contracting states that are Member States of the European Union will be deemed to be withdrawn in accordance with Rule 39(2a) (see OJ EPO ...).