Although the payment of fees in response to the Rule 71(3) communication is not required where the applicant files amendments or corrections in his response thereto (see C‑V, 4.1), the applicant can still pay these fees voluntarily. If he does so, the amount of the fees paid will be credited to the payment of the same fees in response to a subsequent Rule 71(3) communication (issued either directly or after resumption of examination – see C‑V, 4.6 and C-V, 4.7.2 respectively).
This crediting will be dealt with according to the procedures explained in A‑X, 11. This is subject to the following: if the amount of the claims fees due in response to the second Rule 71(3) communication is less than the amount voluntarily paid in response to the first Rule 71(3) communication, a refund will be made of the excess paid, since the higher claims fees were not due when paid in response to the first Rule 71(3) communication.
If, after such voluntary payment, the application is withdrawn, deemed to be withdrawn or refused, a refund of the voluntarily paid fee for grant and publishing will be possible under the conditions explained in A‑X, 10.2.5. Furthermore, since the claims fees were paid when they were not due, these will also be refunded under the same conditions.
Date retrieved: 30 December 2018