Chapter I – Filing of the European patent application
(1) The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report.
(2)64 Where the designation fee is not paid in due time or the designations of all the Contracting States are withdrawn, the European patent application shall be deemed to be withdrawn.
(2a)* Having regard to Article 5s(3) of amended Regulation (EU) No 833/2014, where the applicant or one of the applicants is a Russian national, a natural person residing in Russia or a legal person, entity or body established in Russia, the designation of those Contracting States that are Member States of the European Union shall be deemed withdrawn. This provision shall not apply to nationals of a Contracting State or to natural persons having a permanent or temporary residence permit in one of the Contracting States.
(3) Without prejudice to Rule 37, paragraph 2, second sentence, the designation fee shall not be refunded.
63Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), which entered into force on 01.04.2009.
Title amended by decision of the Administrative Council CA/D 13/24 of 10.12.2024 (OJ EPO 2024, A105), which entered into force on 16.12.2024.
64See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).
*Inserted by decision of the Administrative Council CA/D 13/24 of 10.12.2024 (OJ EPO 2024, A105), which entered into force on 16.12.2024. The version of Rule 39 which was in force prior to its amendment by decision CA/D 13/24 shall be reinstated on the date Article 5s(3) of Regulation (EU) No 833/2014 ceases to have effect.
See notice from the EPO of 10.12.2024 (OJ EPO 2024, A106).
-
13.12.2007 - 31.03.2009Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)01.04.2009 - 15.12.2024CA/D 4/08 (OJ EPO 2008, 513)16.12.2024 -CA/D 13/24 (OJ EPO 2024, A105)
-
EPC EPC 1973 R. 39 Art. 79(2), (3)