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If the request for examination of a Euro-PCT application has not been filed within the time limit, it may still be validly filed within a period of grace of two months of notification of a communication pointing out the failure to observe the time limit, provided that within the period of grace a surcharge is paid. If the request for examination is not filed in due time, the application is deemed to be withdrawn. An applicant who has failed to observe the time limit for filing a request for examination of a Euro-PCT application cannot have his rights re-established (G 5/92 and 6/92, OJ 1-2/1994, 22 and 25).
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Rule 108
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