I. Without prejudice to Article 67(4) EPC,
the designation of a Contracting State party to the EPC in a European patent
application does not retroactively lose its legal effect and is not deemed
never to have taken place if the relevant designation fee has not been paid
within the applicable time limit.
II. The deemed withdrawal of the designation of a
Contracting State provided for in Article 91(4) EPC takes effect upon expiry of
the time limits mentioned in Article 79(2), Rules 15(2), 25(2) and 107(1) EPC,
as applicable, and not upon expiry of the period of grace provided by Rule 85a
EPC.
