Article 79 50

Designation of Contracting States

Art. 3, 66, 80, 88, 122, 149
R. 14, 15, 23a, 25, 26, 51,R. 69, 85a, 88, 92, 106, 107, 108

(1) The request for the grant of a European patent shall contain the designation of the Contracting State or States in which protection for the invention is desired.

(2)51 The designation of a contracting state shall be subject to the payment of the designation fee. The designation fees shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report.

(3) The designation of a Contracting State may be withdrawn at any time up to the grant of the European patent. Withdrawal of the designation of all the Contracting States shall be deemed to be a withdrawal of the European patent application. Designation fees shall not be refunded.

50 See decision/opinion of the Enlarged Board of Appeal G 3/91, G 4/98 (Annex I).

51 Amended by decision of the Administrative Council of 05.12.1996 which entered into force on 01.07.1997 (OJ EPO 1997, 13 f).

Cross-reference list
Art. 79(2), (3) R. 39

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