What happens if the time limit for payment of the claims fee is not observed?
Where the applicant fails to pay (the correct amount of) the claims fees within the 31-month period, the EPO will invite him by means of the Rule 161 EPC/Rule 162 EPC communication to pay the missing amount within a non-extendable period of six months (see point 5.4.033).
If additional claims fees become due as a result of amendments filed within the six-month period, the applicant must pay these further claims fees within that same period, since no further invitation under Rule 162 EPC will be issued (see point 5.4.032).
Where a claims fee is not paid within the six-month period, the claim concerned is deemed to be abandoned. The applicant is informed of the loss of rights in a communication under Rule 112(1) EPC. Further processing can be requested within two months from notification of the communication by payment of the further processing fee, which amounts to 50% of the claims fee(s) due, together with the missing claims fee(s) (see points 5.19.001 and 5.19.003). Features of a claim deemed to have been abandoned and which are not otherwise to be found in the description or drawings cannot subsequently be reintroduced into the application and, in particular, into the claims (see point 5.4.036).
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c5_11_4.html
Date retrieved: 17 May 2021