5. Designation, extension and validation fee
5.1 Designation fee
Payment of the designation fee will (only) confirm the designation of EPC contracting states that were both EPC and PCT contracting states on the date of filing. Since all EPC contracting states are currently also contracting states to the PCT, the EPO is by default a designated Office for an international application filed under the PCT in respect of all PCT contracting states that were also contracting states to the EPC on the filing date of the international application (A‑XII, 2.1).
Payment of the designation fee will not confirm any designation of an EPC contracting state designated in the PCT request if, at the time the European phase processing starts (or should start), the EPO is no longer a designated Office for the contracting state(s) concerned (set out in detail in A‑XII, 2.1).
Furthermore, payment of the designation fee will have no legal effect in respect of the designation of EPC contracting states that are contracting states of the European Union 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 The reason is that these designations are deemed withdrawn in accordance with Rule 160(3) and Rule 39(2a) (OJ EPO 2024, A105 and OJ EPO 2024, A106). Rule 160(3) applies to international patent applications entering the European phase before the EPO on or after 25 June 2024. The filing date of these applications is therefore not decisive.