Euro-PCT applications entering the European phase before 1 April 2009 

For Euro-PCT applications entering the European phase, a designation fee with respect to each contracting state designated, up to a maximum of seven times the amount of one designation fee to designate all contracting states, must be paid within 31 months of the filing or priority date, if the time limit specified in Rule 39(1) has expired earlier. The principles laid down in A‑III, 11.3.3, 11.3.6, 11.3.7 and 11.3.8, for European patent applications filed before 1 April 2009 apply to Euro-PCT applications in accordance with Art. 153(2), with the individual contracting states being indicated in the request for entry into the European phase (EPO Form 1200).

Pursuant to Rule 160(2), the designation of any contracting state for which no designation fee has been paid in time is deemed to be withdrawn. According to Rule 160(1), if no designation fee for the Euro-PCT application entering the European phase is paid at all within the basic period under Rule 159(1)(d), the European patent application (see Art. 153(2)) is deemed to be withdrawn. If the EPO finds that such deemed withdrawal of the European patent application or the designation of a contracting state has occurred, it notifies the applicant of this loss of rights according to Rule 112(1). In response to this communication, the applicant can request further processing according to Art. 121 and Rule 135.

Rule 160, in force until 31 March 2009
Art. 153(2)

For designation fees in relation to Euro-PCT applications entering the European phase, see also E‑IX, 2.1.3 and E‑IX, 2.3.11.

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