Under the applicable national provisions of the Extension States, the extension fee must be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report or, where applicable, within the period for performing the acts required for entry of an international application into the European phase. If the extension fee is not paid within the applicable period, the request for extension is deemed withdrawn.
If no loss of rights occurs under Rule 39 and the extension fee has not been paid within the applicable basic time limit (Rules 39(1), Rule 17(3), Rule 36(4) and Rule 159(1)(d)), no communication under Rule 112(1) is issued and the request for extension is deemed to be withdrawn without the possibility of late payment with surcharge unless a period of two months from expiry of the basic period has not expired (see below). However, if:
then the EPO will notify the applicant of the loss of rights with regard to the designations in question or the application according to Rule 112(1). This communication according to Rule 112(1) will also draw the applicant's attention to the possibility of late payment of any extension fees not paid in the basic period.
In this case, the applicant may then request further processing according to Art. 121 and Rule 135 in respect of the deemed withdrawal of the application or of the designations. Along with further processing in respect of the unpaid designation fee(s), any unpaid extension fees may still be paid with a surcharge of 50% of the relevant fee(s) within a (non-extendable) period of two months after notification of the communication according to Rule 112(1) (see the Notice from the EPO dated 2 November 2009, OJ EPO 2009, 603).
If the basic period for payment of extension fees expires on or after 1 January 2010 and the fee for an Extension State has not been paid within that period, the applicant can pay the extension fee in combination with a 50% surcharge within two months of expiry of the basic period (see the Notice from the EPO dated 2 November 2009, OJ EPO 2009, 603). This applies regardless of whether (the) designation fee(s) is/are paid on time (within the basic period) or by means of further processing.