Legal remedy 

If the request for examination is not validly filed by paying the examination fee before expiry of the period under Rule 70(1), the application is deemed to be withdrawn and the applicant is notified accordingly. In response to this communication concerning loss of rights, the applicant can request further processing in accordance with Art. 121 and Rule 135 (see E‑VIII, 2).

If the applicants have validly filed a request for examination before the European search report has been transmitted to them, the Receiving Section invites them according to Rule 70(2) to indicate within six months from the date of the mention of the publication of the search report in the European Patent Bulletin whether they desire to proceed further with their application. If they fail to respond to this request in time, the application is deemed to be withdrawn and the applicants are notified accordingly. In this case, the applicants may also avail themselves of the legal remedy under Art. 121 and Rule 135 (further processing of the application). Regarding reimbursement of the examination fee, see A‑VI, 2.2 and A‑X, 10.2.3. C‑VI, 3 describes the procedure in respect of a categorical request for examination, as provided for in Rule 10(4), where the applicant waives the right to the communication according to Rule 70(2).

Regarding Euro-PCT applications entering the regional phase, see E‑IX, 2.1.3 and E‑IX 2.5.2.

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