5.7.3.What happens if the time limit for payment of the filing fee is not observed? 

5.7.013If the filing fee, i.e. the basic filing fee and/or, where applicable, the page fee, is not paid in full in due time, the application is deemed to be withdrawn. Further, the Euro-PCT application will not be considered as comprised in the state of the art under Article 54(3) EPC (see point 5.17.001). The applicant is informed of the loss of rights in a communication under Rules 112(1) and 160(2) EPC.

5.7.014Further processing may be requested within two months from notification of the communication of the loss of rights by payment of the filing fee or the missing part of the filing fee and any page fees, together with the fee for further processing (see also point 5.19.001).

5.7.016The applicant may also request reinstatement of rights if the application is deemed withdrawn because the filing fee was not paid in due time. Given the fact that the fee is higher and stricter requirements apply, this remedy has no advantages unless the period for requesting further processing has already expired (see point 5.5.008).

5.7.017If the time limit for requesting further processing has been missed (see point 5.7.014), a request for re-establishment of rights in respect of the period under Rule 135(1) EPC may be filed. The request is not deemed to have been filed until the fee for re-establishment relating to the omitted act, i.e. payment of the filing fee and/or the page fee and of the related fee for further processing, has been paid. Since payment of the filing fee and payment of the page fee constitute a unitary procedural act, only one fee for re-establishment has to be paid (see points 5.19.001 ff). Attention is drawn to the further requirements under Article 122 and Rule 136 EPC for the request to be admissible and allowable.