5.9.4.4 What happens if the time limit for payment of the search fee is not observed? 

5.9.019If the search fee is not paid in due time the Euro-PCT application will be deemed to be withdrawn and the applicant will be informed of this in a communication under Rules 112(1) and 160(2) EPC.

5.9.020The loss of rights is deemed not to have ensued if within two months after notification of this communication further processing is requested by payment of the further processing fee, which amounts to 50% of the search fee, together with the missing search fee (see also points 5.19.001 ff).

5.9.021Since the search 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.

5.9.022If the time limit for requesting further processing has been missed (see point 5.9.020), 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 search fee under Rule 159(1)(e) EPC and of the 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).