Where no designation fee is validly paid by expiry of the periods of grace under Rule 85a, the application is deemed to be withdrawn; the surrender of one or more priority claims subsequent to this legal consequence does not alter the position.

Where the application is deemed to have been withdrawn because of failure to pay the designation fees, the loss of rights ensues on expiry of the normal period. Similarly, the deemed withdrawal of a designation of a Contracting State takes effect upon expiry of the normal period, and not upon expiry of the period of grace provided by Rule 85a (see G 4/98, OJ 3/2001, 131). The applicant is notified of the loss of rights only where, contrary to his originally declared intention in the Request for Grant form (Form 1001), he has failed to pay designation fees for States for which he had indicated his intention to pay.

Re-establishment of rights in respect of the periods under Art. 79(2) and Rule 85a is excluded under Art. 122(5) (see J 12/82, OJ 6/1983, 221).