Under the applicable national provisions of the extension and validation states, the extension or validation fee must be paid
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
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or validation fee during the basic and the grace period, the request for extension or validation is deemed to be withdrawn.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 Rule 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).