Subject to the final sentence of this paragraph, the designation of a contracting state may be withdrawn by the applicant at any time up to the grant of the patent. A validly paid designation fee is not refunded when a designation is withdrawn. Withdrawal of the designation of all the contracting states results in the application being deemed to be withdrawn and the applicant is notified accordingly. The designation of a contracting state may not be withdrawn as from the time when a third party proves to the EPO that he has initiated proceedings concerning entitlement and up to the date on which the EPO resumes proceedings for grant.
The applicant may withdraw designations when filing the European application, for example to avoid overlapping prior national rights with the priority application according to Art. 139(3). Timely payment of designation fees for designations which have been withdrawn, will not cause those designations to be re-activated. Furthermore, no Rule 112(1) communication will be sent in respect of a failure to pay designation fees for any designation which has been withdrawn.