11.3 European patent applications filed before 1 April 2009
For European patent applications filed before 1 April 2009, the designation fees are deemed paid for all contracting states on payment of seven times the amount of one designation fee. Such payments simply need to be marked "designation fees" for the purpose of the payment to be established.
However, if the applicant intended to pay fewer than seven designation fees when filing the application, it was for them to indicate the contracting states they wanted to designate in the appropriate section of the request for grant form (EPO Form 1001, versions prior to April 2009). This was to ensure that the designation fees paid were properly entered in the books. Non-payment of designation fees within the basic time limit results in a communication under Rule 112(1).
In response, the applicant may request further processing in respect of the lost designation(s). However, no Rule 112(1) communication will be sent and no further processing can be requested for designations in respect of which the applicant waived these rights by selecting the appropriate box on the request for grant form or where the designation in question was withdrawn.
For applicants taking part in the automatic debiting procedure, see also A‑X, 7.2.