For Euro-PCT applications entering the European phase, the designation fees must be paid within 31 months of the filing or priority date, if the time limit specified in Art. 79(2) has expired earlier.

Pursuant to Rule 108(1), the designation of any Contracting State for which no designation fee has been paid in time is deemed to be withdrawn. If no designation fee for the Euro-PCT application entering the European phase is paid at all within the basic period under Rule 107(1)(d), the European patent application (see Art. 150(3)) is deemed to be withdrawn.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 informs the applicant accordingly. The loss of rights is deemed not to have occurred if, within two months from notification of the communication, the omitted act is performed and a surcharge under Art. 2, No. 3c, RFees is paid. If no Rule 108(3) communication is to be issued, there is an additional period of two months from expiry of the applicable time limit for payment of designation fees with surcharge Rule 108(4).

For designation fees in relation to Euro-PCT applications entering the European phase, see also VII, 1.3 and VII, 3.11.