4.2 Legal consequence and remedy if the filing fee, including the additional fee, is not paid

If the filing fee, including any page fee due, is not paid in due time, the Euro-PCT application will be deemed to be withdrawn and the applicant will be informed of the loss of rights (Rule 160(2)). The communication under Rule 160(2) and the communication under Rule 112(1) are sent together in the same communication.

The loss of rights may be remedied by a request for further processing under Art. 121 (E‑VIII, 2). The further processing fee is calculated on the basis of the number of pages on file at the relevant period's expiry and for which the additional fee, calculated as set out in A‑XIII, 4.1.2, has not been paid. If there was an error only in paying the correct page fee and the basic fee was duly paid, that basic fee is not relevant for establishing the fee for further processing.

If the time limit for requesting further processing has been missed, a request for re-establishment of rights under Art. 122 in respect of the period under Rule 135(1) may be filed (E‑VIII, 3).

Furthermore, if the filing fee is not paid in full, including any page fee due, the international application will not be considered comprised in the state of the art under Art. 54(3) pursuant to Art. 153(5) and Rule 165 (A‑XIII, 10.2;
G‑IV, 5.2).

If the filing fee is not paid in full, including any page fee due, reinstatement of rights under Rule 49.6 PCT in respect of the 31-month period is available as an alternative remedy to a request for further processing. Given the fact that the fee is higher and stricter requirements apply, this remedy has no advantages if requesting further processing under Rule 135(1) is still available, but it may be an important alternative if the time limit under Rule 135(1) has expired, as is set out in A‑XIII, 3.3,