11.3.2 Consequences of non-payment of designation fees 

The designation of a state is deemed withdrawn where the designation fee has not been paid in due time for that state (see also A‑III, 11.3.4).

If the designation fee for a particular contracting state is not paid in time, the EPO sends the applicant a communication under Rule 112(1) notifying them of the designation's deemed withdrawal according to Rule 39(2). In response, the applicant can request further processing according to Art. 121 and Rule 135 in respect of this partial loss of rights (see E‑VIII, 2). This communication is not sent if the applicant waives the right to receive it in respect of the state in question by selecting the appropriate box on the request for grant form. By selecting that box, the applicant waived the right to further processing in respect of the designation or designations in question.

For Euro-PCT applications entering the European phase before 1 April 2009, see A‑III, 11.3.9.