5.8.4.What happens if the time limit for payment of extension fees is not observed? 

5.8.016Unlike the payment of designation fees, the payment of extension fees is entirely regulated in the relevant extension agreement and in the national law of the relevant extension state. Rule 112 EPC therefore does not apply. This means that no loss-of-rights communication pointing out the failure to observe the time limit for payment is issued. For 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:

5.8.017Firstly, within a grace period of two months from expiry of the basic time limit, any extension fee may always be paid with a 50% surcharge. 

5.8.018Secondly, 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 of notification of the communication of the loss of rights also pay the extension fee(s) with a 50% surcharge.