11.3 European patent applications filed before 1 April 2009
If, given the amount payable within the time limit in question, the sum paid for designation fees during the periods under Rule 39(1) or Rule 135(1) does not cover all the contracting states indicated on the request for grant form (EPO Form 1001) and no indication is provided of the contracting states the fees are intended for, then the payer is requested to indicate, within a period stipulated by the EPO, which states are to be designated (see also A‑III, 11.3.3). If the payer fails to comply in due time, then Art. 8(2) RFees 1973 applies: the fees are deemed paid only for as many designations as are covered by the amount paid in the order in which the contracting states were designated (see J 23/82, mutatis mutandis). The designation of contracting states not covered by the fees is deemed withdrawn and the applicant is notified of the loss of rights (see A‑III, 11.3.4, paragraph 3, regarding the time at which loss of rights ensues).
Art. 6(2) RFees,
1st sentence, RFees
Art. 8(2) RFees
2nd sentence, RFees, in force until 31 March 2009
Rule 39(2),
in force until 31 March 2009
Rule 112(1)