5.8 Designations, extensions and validations
5.8.5.What happens if the time limit for payment of validation fees is not observed?
5.8.019If a validation fee is not paid in due time (see point 5.8.012), the request for validation is deemed withdrawn. Like the payment of extension fees, the payment of validation fees is entirely regulated in the relevant validation agreements and in the national law of the relevant validation state. Rule 112 EPC and Article 122 EPC therefore do not apply.
5.8.020If the validation fee for a state is not paid within the basic period, the applicant can still pay it, together with a 50% surcharge, either within two months of expiry of the basic period ("grace period") or along with the request for further processing concerning the designation fee if this has also not been paid in time and hence within two months of notification of a communication of loss of rights under Rule 112(1) EPC following non-payment of the designation fee.
5.8.021For the reasons set out in point 5.8.019, re-establishment of rights under Article 122 and Rule 136 EPC is not available in respect of the payment of validation fees.