5.3 Legal consequence and remedy if the designation fee and/or an extension or validation fee is not paid

The application is deemed withdrawn if the designation fee is not paid on time. The EPO will inform the applicant of this in a (combined) communication under Rules 160(2) and 112(1). In response to this notification of a loss of rights, the applicant can request further processing (E‑VIII, 2).

If an extension or validation fee is not paid within the prescribed time, the request for extension or validation is deemed withdrawn for the state(s) concerned. For information on the remedies available, see A‑III, 12.

There is no possibility to remedy the deemed withdrawal under Rule 160(3) of the designation of all EPC contracting states that are member 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. Irrespective of whether the designation fee was paid or not (A‑XII, 5.2), on 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in a Euro-PCT application of those contracting states that are member states of the European Union will be deemed to be withdrawn in accordance with Rule 39(2a) (A‑III, 11.2.4).