Where the designation fee has not been paid in due time in respect of any designated State, the designation of that State shall be deemed to be withdrawn (see also III, 12.5).

However, if a designation fee for a European patent application has not been paid within the normal period, it may still be validly paid within a non-extendable period of grace of one month of notification of a communication pointing out the failure to observe the time limit, provided that within that period a surcharge is also paid. Designation fees in respect of which the applicant has dispensed with notification under Rule 85a(1) may still be validly paid under Rule 85a(2) within a non-extendable period of grace of two months of expiry of the normal period provided that within that period a surcharge is also paid (for calculation of aggregate time limits see Legal Advice No. 5/93 rev., OJ 4/1993, 229).

In cases where the time limits for subsequent payment of designation fees under paragraphs 1 and 2 of Rule 85a expire at different times, all designation fees can still validly be paid up to the later date (J 5/91, OJ 11/1993, 657).

For Euro-PCT applications entering the European phase, see III, 12.10.