11.3.7
Amount payable 

If, given the amount payable under the time limit in question, the sum paid for designation fees during the periods under Rule 39(1) or Rule 135(1) does not cover all the contracting states indicated in the request for grant form (EPO Form 1001), and the payer failed to indicate for which contracting states the fees are intended, then he the payer is requested to indicate which states he wishes are to be designated designate, within a period stipulated by the EPO (see also A‑III, 11.3.3). If he the payer fails to comply in due time, then Art. 8(2) RFees applies: the fees are deemed to have been paid only for as many designations as are covered by the amount paid, in the order in which the contracting states have been designated (see J 23/82, mutatis mutandis). The designation of contracting states not covered by the fees are deemed withdrawn, and the applicant is notified of the loss of rights (see A‑III, 11.3.4, paragraph 3, regarding the time at which loss of rights ensues).

Art. 6(2),
1st sentence, RFees
Art. 8(2),
2nd sentence, RFees, old version in force until 31 March 2009
Rule 39(2),
old versionin force until 31 March 2009
Rule 112(1)

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