134

Where the EPO as IPEA finds that the amount paid to it is insufficient to cover the handling fee and the international preliminary examination fee or that no fees were paid by the time they were due, the EPO as IPEA invites the applicant to pay to it the amount required to cover both fees together with the late-payment fee within one month of the date of the invitation. If the applicant complies with the invitation within the specified time limit, payment is deemed to have been made in due time. The late-payment fee is 50% of the amount of unpaid fees as specified in the invitation. However, it shall be at least equal to but not more than double the amount of the handling fee.

135

If the applicant does not comply with the invitation, the demand is deemed not to have been made and no IPRP Chapter II will be established. As regards the procedure before the EPO as designated Office, this has no consequence with regard to the time limit to be respected for entry into the European phase, which is always 31 months from the priority date (see point 157). However, non-payment of the fees poses a threat to the international application in any state where the short time limit of 20/21 months under (old) Article 22 PCT still applies. At worst, it may be too late for the applicant to be able to take the prescribed steps for entry into the regional/national phase within 20/21 months of the earliest priority date (see point 118 ff).