9. General aspects of full and partial compliance and non-compliance with the minimum requirements
9.2 Remedies in the case of non-compliance with more than one of the applicable minimum requirements
Non-compliance with the applicable minimum requirements for entry into the European phase will result in a loss of rights. However, if a request for early processing has been filed, the EPO will inform the applicant that the request is not (yet) effective and that they have the right to comply with any requirement within the 31-month period (A‑XII, 7.2).
Due to their different legal nature, the individual acts required under Rule 159(1) do not form a unitary procedural step but are legally independent and subject to independent time limits (A‑XII, 4.1). Information on the remedies available for non-observance of the time limits under Rule 159(1) is therefore provided for each minimum requirement in A‑XIII, 3 - A‑XIII, 8. As a rule, non-compliance with one or more of the applicable minimum requirements may be remedied by a request for further processing in accordance with Art. 121. For omitted procedural acts (e.g. late filing of a translation), the further processing fee is a flat rate. For late payments, the further processing fee amounts to 50% of the late-paid fee.
Furthermore, 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 under the conditions set out in E‑VIII, 2. On the alternative remedy available under R 49.6 PCT in cases of non-compliance with Rule 159(1)(a) and/or (c) (filing a translation and payment of the filing fee), see A‑XIII, 3.3 and 4.2.
The principles regarding unitary and independent procedural acts (E‑VIII, 2) have important consequences for the number of fees for further processing and re-establishment of rights in the case of non-compliance with the time limit under Rule 159(1) if several required acts for entry into the European phase have not been performed. In that case, a fee for further processing, or for re-establishment of rights, must be paid for each requirement not met. However, for each set of acts treated as forming a unitary procedural act, only one fee for re-establishment is due.
An example provided in E‑VIII, 3.1.3, including a table, illustrates the fees for further processing and re-establishment to be paid in such cases. The table lists in box I the number of independent unobserved time limits. Box II of the table gives the fee for further processing corresponding to each unobserved time limit. Box III shows the fee for re-establishment of rights in respect of each unobserved time limit.