EUROPEAN PATENT CONVENTION 1973 - Table of Contents IMPLEMENTING REGULATIONS TO THE CONVENTION ON THE GRANT OF EUROPEAN PATENTS PART IX - IMPLEMENTING REGULATIONS TO PART X OF THE CONVENTION   Rule 108 - Consequences of non-fulfilment of certain requirements

Rule 108 155/156 Consequences of non-fulfilment of certain requirements

R. 106, 107

(1) If either the translation of the international application or the request for examination is not filed in due time, or if the national basic fee or the search fee is not paid in due time, or if no designation fee is paid in due time, the European patent application shall be deemed to be withdrawn.

(2) The designation of any Contracting State in respect of which the designation fee has not been paid in due time shall be deemed to be withdrawn.

(3) If the European Patent Office notes that the application or the designation of a Contracting State is deemed to be withdrawn under paragraph 1 or 2, it shall communicate this to the applicant. Rule 69, paragraph 2, shall apply mutatis mutandis. The loss of rights shall be deemed not to have occurred if, within two months of notification of the communication under sentence 1, the omitted act is completed and a surcharge is paid.

(4)157 Designation fees in respect of which the applicant has dispensed with notification of the communication under paragraph 3 may still be validly paid within two months of expiry of the applicable time limit, provided that within this period a surcharge is paid.

155 Existing Rules 104b to Rule 106a were replaced by new Rules 106 to Rule 112. Decision of the Administrative Council of 13.10.1999 which entered into force on 01.03.2000 (OJ EPO 1999, 660 ff). Rule 108 last amended by decision of the Administrative Council of 28.06.2001 which entered into force on 02.01.2002 (OJ EPO 2001, 374 ff).

156 See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

157 Inserted by decision of the Administrative Council of 09.12.2004 which entered into force on 01.04.2005 (OJ EPO 2005, 11 f).