5.2 Extension and validation

Within the time limit for payment of the designation fee, the applicant must take a decision on the extension or validation states for which extension or validation of the European patent is sought and pay the applicable fees.

Extension or validation is possible and deemed requested for any international application entering the European phase in respect of any state designated in the international application with which an extension or validation agreement was in force at the filing date. However, such a request is deemed to be withdrawn in respect of each extension or validation state for which no extension or validation fee is paid in due time. A fee has to be paid for each single extension and validation state; there is no flat fee. For general guidance on the payment of fees, see A‑X.

Thus, the automatic designation of the EPO in the PCT request may – via extension or validation – result in a national patent for a state that was not an EPC contracting state but (only) a PCT contracting state on the filing date of the international application (A‑III, 12.1, A‑XII, 3.2).

For further information on the requirements for extension or validation of a Euro-PCT application to states for which an extension agreement or a validation agreement with the EPO has entered into force, see A‑III, 12.