An application that does not meet the requirements of II, 4.2 is deemed to be withdrawn. If the application is deemed withdrawn because of non-payment of the filing fee and search fee, loss of rights ensues on expiry of the normal period (see J 4/86, OJ 4/1988, 119, which applies mutatis mutandis, confirmed by G 4/98, OJ 3/2001, 131, reasons 7.2). The applicant is notified accordingly.

Art. 122(5) excludes re-establishment of rights in respect of the time limits under Art. 78(2) and Rule 85a (cf. II, 4.2.1) (see J 12/82, OJ 6/1983, 221). However, in the event of failure to observe the time limit under Rule 6(1), an application for re-establishment of rights is admissible (cf. II, 4.2.2).