If a validation fee is not paid in due time (see point 559560), the request for validation is deemed withdrawn.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 doesand 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 567, 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_e_viii_4.html
Date retrieved: 24 November 2017