6.1 Legal consequence and remedy if the search fee is not paid

If the search fee is not paid on time, the Euro-PCT application will be deemed to be withdrawn, and the applicant will be informed accordingly in a communication under Rules 160(2) and 112(1). The loss of rights is deemed not to have ensued if, within two months of notification of this communication, further processing under Art. 121 is requested by payment of the further processing fee, which amounts to 50% of the search fee, together with the missing search fee (E‑VIII, 2).

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

The remedy in Rule 49.6 PCT is not available for the reasons set out in A‑XIII, 3.3.