What happens if the time limit for payment of validation fees is not observed?
If a validation fee is not paid in due time (see point 5.8.012), the request for validation is deemed withdrawn. Similarly to the payment of the extension fee, the payment of validation fees is regulated entirely in the relevant validation agreement. Therefore Rule 112 EPC and Article 122 EPC do not apply.
If 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.
For 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 payment of the validation fee.
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c5_8_5.html
Date retrieved: 17 May 2021
14 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO 2018, A15 - Decision of the President of the European Patent Office dated 7 February 2018 fixing the amount of the fee for validating European patents in Cambodia
XOJ EPO 2017, A84 - Decision of the President of the European Patent Office dated 11 October 2017 fixing the amount of the fee for validating European patent applications and patents in Tunisia