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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
VIII. Designations and extensions
Non-observance of the time limit for payment of extension fees
Non-observance of the time limit for payment of extension fees
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If no valid payment is made, any (deemed) request for extension is deemed withdrawn. 
GL/EPO A-III, 12.2
OJ 2009, 603
559
If an extension fee is not paid in due time - even if the intention to pay the extension fee for one or more states was indicated in Form 1200, Section 11 - no communication pointing out the failure to observe the time limit for payment is issued. However, the applicant may still pay an extension fee after expiry of the (basic) time limit for payment of the designation fee and the extension fees under the following circumstances:
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Firstly, within a grace period of two months as from expiry of the basic time limit, any extension fee may always be paid with a 50% surcharge.  
561
Secondly, where in the absence of payment of the designation fee in due time further processing can be requested in respect of the designation fee, the applicant may within two months from notification of the communication of the loss of rights also pay the extension fee(s) with a 50% surcharge.