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

 
 
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If no valid payment is made, any (deemed) request for extension is deemed withdrawn.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
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If an Unlike the payment of designation fees, the payment of extension feefees is not paidregulated entirely in due time - even if the intention to pay the the relevant extension fee for one or more states was indicated in Form 1200, Section 11 - noagreement. 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. Furthermore, the applicant cannot request an (appealable) decision under Rule 112(2) 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:
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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. 
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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.