7.1 Legal consequence and remedy if the examination fee is not paid or the request for examination not filed

If the examination fee is not paid and/or the request for examination not filed in due time, the Euro-PCT application will be deemed to be withdrawn and the applicant will be informed accordingly in a (combined) communication under Rules 160(2) and 112(1).

In the case of a loss of rights under Rule 160, further processing under Art. 121 is available. If both actions were not performed, the fee for further processing amounts to the sum of the flat fee and 50% of the examination fee (Art. 2(1), item 12, first and third indents, RFees) (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 (E‑VIII, 3).

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