2.1.5.2 Designation, extension and validation fee

The time limit for paying the designation fee is 31 months from the date of filing or, if priority has been claimed, from the earliest priority date (31-month time limit) if the time limit specified in Rule 39(1) has expired earlier (Rule 159(1)(d)) (see A‑III, 11.2.5 for further details).

Since, upon filing of the PCT request, all PCT contracting states are automatically designated for both a national and, where applicable, a regional patent (Rule 4.9 PCT), payment of the (flat) designation fee on entry into the European phase confirms the designation of the EPC contracting states that were EPC and PCT contracting states at the international filing date unless the applicant has withdrawn the designation of one or more EPC contracting states during the international phase (see E‑IX, 2).

If, subsequent to the receipt of the international application by the EPO and prior to the date on which processing or examination may start, the regional designation of all contracting states of the EPC is withdrawn, the Euro-PCT application, in so far as it is deemed to be a European application pursuant to Art. 153(2) and Art. 11(3) PCT, is deemed to be withdrawn.

Within the time limit for payment of the designation fee, the applicant must take a decision on the extension or validation states for which extension or validation of the European patent is sought and pay the applicable fees. Extension or validation is possible and deemed requested for any international application entering the European phase in respect of any state designated in the application with which an extension or validation agreement was in force at the international filing date. However, such request is deemed to be withdrawn in respect of each extension or validation state for which no extension or validation fee is paid in due time. A fee has to be paid for each extension or validation state; there is no flat fee. For further information on the requirements for extension or validation of a Euro-PCT application to states for which an extension agreement or a validation agreement with the EPO has become effective, see A‑III, 12.

Upon entry into the European phase, the designation in a Euro-PCT application of those contracting states that are Member States of the European Union will be deemed to be withdrawn in accordance with Rule 39(2a) (see OJ EPO 2024, A105 and OJ EPO 2024, A106; see also A‑III, 11.2.4 and A-III, 11.2.5).

For information on how to correct a failure to pay the designation, extension or validation fee in due time, see E‑IX, 2.1.5.6.

For general guidance on the payment of fees, see A‑X. To support small entities and micro-entities, applicants fulfilling certain criteria are eligible for fee reductions (for the eligibility criteria, see A‑X, 9.2, A-X, 9.3 and A-X, 9.4).