12.2 Time limit for payment of extension and validation fees

Under the applicable national provisions of the extension and validation states, the extension or validation fee must be paid

(i)
for European patent applications, within six months of the date on which the European Patent Bulletin mentions the publication of the European search report, or 
(ii)
for Euro-PCT applications, within the period for performing the acts required for entry of an international application into the European phase, or within six months of the date of publication of the international search report, whichever is the later. 

If the fee for an extension or validation state has not been paid within the corresponding basic period (see items (i) and (ii) above), the applicant can still pay the extension or validation fee together with a 50% surcharge

(a)
within a grace period of two months from expiry of the basic period for payment; or 
(b)
if the designation fee has not been paid, along with the filing of a valid request for further processing concerning the designation fee, within two months of notification of a communication of loss of rights with regard to the omitted payment of a the designation fee (see Notices from the EPO dated 2 November 2009, OJ EPO 2009, 603, and 5 February 2015, OJ EPO 2015, A19).

If the applicant fails to pay the extension or validation fee during the basic and the grace period, the request for extension or validation is deemed to be withdrawn. No communication of loss of rights is issued after expiry of either the basic or the grace period in these cases.

However, a noting of loss of rights related to the failure to pay the designation fee pursuant to Rule 39(2) or 159(1)(d) will draw the applicant’s attention to the lack of payment of the extension or validation fee, where appropriate, triggering the time limit mentioned in item (b) above.

For applications in relation to which the (basic) period for payment of extension fees expired before 1 January 2010, the option of validly paying the fees plus surcharge during the grace period does not exist. In these cases the failure to pay in due time can only be remedied along with theby filing of a valid request for further processing according to Art. 121 and Rule 135, following a communication of loss of rights regarding the designation fee (see item (b) above).

A request for re-establishment of rights according to Art. 122 and Rule 136 is not possible in respect of payment of the extension or validation fee.

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