Guide for Applicants - Part 2:How to get a European patent: E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)..., II. What must the applicant do to initiate the European phase?, Non-observance of the time limit for payment of the search fee

Guide for Applicants - Part 2
How to get a European patent

D / E

How to get a European patent

A. General overview

B. The EPO as a PCT receiving Office

C. The EPO as an International Searching Authority

D. The EPO as an International Preliminary Examining Authority

E. Euro-PCT procedure before the EPO as a designated or elected Office

Annexes

Guide for Applicants - Part 2

E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)...

D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II

II. What must the applicant do to initiate the European phase?

Non-observance of the time limit for payment of the search fee

Non-observance of the time limit for payment of the search fee

240

If the search fee is not paid in due time the application will be deemed to be withdrawn and the applicant will be informed thereof in a communication under Rule 108(3) EPC. The loss of rights is deemed not to have occurred if, within two months of notification of this communication, the search fee and a surcharge are paid.

Art. 157(2)(b) EPC

R. 108(1) EPC (3) EPC

241	A request for re-establishment of rights in respect of the time limit for payment of the search fee is ruled out (see decision G 3/91).

Art. 122(5) EPC

OJ 1993, 8