5.8.2.What happens if the time limit for payment of the designation fee is not observed? 

5.8.005If the designation fee is not paid in due time, the application is deemed withdrawn. The applicant will be informed thereof in a communication under Rules 112(1) and 160(2) EPC.

5.8.006Further processing may be requested within two months after notification of the communication of the loss of rights by payment of the designation fee together with the fee for further processing, which amounts to 50% of the designation fee (see also points 5.19.001 ff).

5.8.007Since the designation fee does not form part of the national (filing) fee (see point 5.7.001), applicants cannot request reinstatement of rights under Rule 49.6 PCT.

5.8.008If the time limit for requesting further processing has been missed (see point 5.8.006), 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 designation fee under Rule 39 EPC and of the related fee for further processing, has been paid. Attention is drawn to the further requirements under Article 122 and Rule 136 EPC for the request to be admissible and allowable (see point 5.19.004).