Non-observance of the time limit for payment of extension fees
If no valid payment is made (see point 559560), any (deemed) request for extension is deemed withdrawn.
OJ 2009, 603
Unlike the payment of designation fees, the payment of extension fees is regulated entirely in the relevant extension agreement. Therefore Rule 112 EPC does not apply. This means that no loss-of-rights communication pointing out the failure to observe the time limit for payment is issued. FurthermoreFor the same reasons, the applicant cannot request either an (appealable) decision under Rule 112(2) EPC or the re-establishment of rights under Article 122 EPC. 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:
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. 
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.

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