8.1 Remedy if the third-year renewal fee is not paid by expiry of the 31-month time limit

If the renewal fee for the third year is due under Rule 159(1)(g) and Rule 51(1), but not paid within the 31-month period, it may still be paid within six months of the due date ("grace period"), provided it is paid with the additional fee, i.e. a 50% surcharge (Rule 51(2); see A‑X, 5.2.4). The applicant is informed by a separate notice that draws attention to the possibility of paying the renewal fee with the additional fee within the six-month period under Rule 51(2). The omission of this notification may not be invoked. If the due date for payment is the date of expiry of the 31-month period, an extension of that period pursuant to Rule 134 affects the due date for payment of the additional fee (A‑XII, 4.1). If the renewal fee is not paid within the six-month grace period, the application is deemed to be withdrawn and the applicant is informed of this in a communication under Rule 112(1). As a means of redress, the applicant may file a request for re-establishment of rights under Art. 122 in respect of the period for paying the renewal fee and the additional fee (E‑VIII, 3).