4.2 Procedure if European phase is not initiated

As a rule, applicants will ensure the start of the European phase processing by complying with the applicable minimum requirements shortly before expiry of the 31-month period laid down in Rule 159(1) (A‑XII, 4.1). Once the 31-month period has expired, the processing ban is lifted and the EPO as designated/elected Office will start to process the application as a European patent application in accordance with Art. 11(3) PCT and Art. 153(2) (A‑XII, 3.1).

If, on expiry of the 31-month period, the EPO has not received any indication that the applicant wishes to start the European grant proceedings or the applicable minimum requirements for entry into the European phase have not been complied with, the application is deemed withdrawn. The applicant is notified of this in a combined communication under Rules 160 and 112 concerning the loss of rights. This means that entry into the European phase will not take effect unless and until such time as the applicant remedies the loss of rights (A‑XIII, 9.2). The remedies available for each of the requirements are dealt with in A‑XIII, 3-8. The special aspects to be considered if more than just one requirement was not fulfilled in due time are dealt with in A‑XIII, 9.2. If the loss of rights is not remedied, the application will cease to have effect as a European patent application in accordance with Art. 11(3) PCT and Art. 153(2).