If the request for examination is not validly filed before expiry of the period of grace under Rule 85b, the application is deemed to be withdrawn and the applicant is notified accordingly. The loss of rights ensues on expiry of the normal period (see J 4/86, OJ 4/1988, 119). Art. 122(5) excludes re-establishment of rights in respect of the periods under Art. 94(2) and Rule 85b (see J 12/82, OJ 6/1983, 221, and E-VIII, 2.2.4).

If the applicant has validly filed a request for examination before the European search report has been transmitted to him, the Receiving Section invites him to indicate within six months from the date of the mention of the publication of the search report in the European Patent Bulletin whether he desires to proceed further with his application. If he fails to respond to this request in time, the application is deemed to be withdrawn and the applicant is notified accordingly. However, where this occurs the applicant may avail himself of the legal remedies under both Art. 121 (further processing of the application) and Art. 122 (restitutio in integrum). Regarding reimbursement of the examination fee, cf. VI, 2.2 and XI, 10.2.4. C-VI, 1.1.2 describes the procedure in respect of a categorical request for examination.

Regarding Euro-PCT applications entering the regional phase, see VII, 1.3 and VII, 5.2.