Rule 160179 Consequences of non-fulfilment of certain requirements
Part IX – Implementing Regulations to Part X of the Convention
(1) If either the translation of the international application or the request for examination is not filed in due time, or if the filing fee, the search fee or the designation fee is not paid in due time, the European patent application shall be deemed to be withdrawn.
(2)180 If the European Patent Office notes that the application is deemed to be withdrawn under paragraph 1, it shall communicate this to the applicant. Rule 112, paragraph 2, shall apply mutatis mutandis.
179Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), which entered into force on 01.04.2009.
180See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).