In order for the text on which the second Rule 71(3) communication is based to be deemed approved according to Rule 71(5), it is necessary for the applicant to pay the fee for grant and publishing in response to the communication, thus also avoiding deemed withdrawal of the application under Rule 71(7).
For European applications filed before 1 April 2009 or international applications entering the European phase before that date, the fee for grant and publishing incorporates a fee for each page of the application over and above 35 (see C‑V, 1.2 and A‑III, 13.2). If the number of pages of such an application changes between the first and the second Rule 71(3) communication, it is the number of pages on which the second Rule 71(3) communication is based which is used to calculate the amount of this fee. Where the applicant paid the fee voluntarily in response to the first Rule 71(3) communication, the amount paid will be credited according to Rule 71a(5) (see C‑V, 4.2 and A‑X, 11.1).[Art. 2(2), No 7.2 RFees; ]
Date retrieved: 30 December 2018