Consequences of non-payment of designation fees 

Where the designation fee has not been paid in due time in respect of any designated state, the designation of that state shall be deemed to be withdrawn (see also A‑III, 11.3.4).

Rule 39(2),
old versionin force until 31 March 2009

If the designation fee for a particular contracting state is not paid in time, the EPO sends the applicant a communication under Rule 112(1) notifying him with notification of the deemed withdrawal of the designation in question according to Rule 39(2). In response to this communication, the applicant can request further processing according to Art. 121 and Rule 135 in respect of this partial loss of rights (see E‑VIII, 2). This communication is not sent if the applicant waives the right to receive it in respect of the state in question, by crossing the appropriate box in the request for grant form. By crossing this box, the applicant waived his the right to further processing in respect of the designation or designations in question.

For Euro-PCT applications entering the European phase before 1 April 2009, see A‑III, 11.3.9.

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