If an independent claim has been deemed to be abandoned under Rule 45(3) or Rule 162(4) as a result of the non-payment of claims fees (see A‑III, 9), the applicant cannot indicate this claim for search in response to the invitation under Rule 62a(1), because no search is conducted on such a claim (see B‑III, 3.4). The indication of such a claim by the applicant in response to the invitation under Rule 62a(1) will be ignored by the EPO, which will then apply Rule 62a(1), last sentence, and will search the first independent claim in the category in question for which claims fees have been paid.

If all independent claims in the category in question have been deemed to be abandoned for failure to pay claims fees, no invitation under Rule 62a(1) will be sent in respect of these claims and none of them will be subject to a search.