If the application documents on which the European grant procedure is to be based contain more than fifteen claims, a claims fee is payable within the 31-month period in respect of the sixteenth and each subsequent claim, and a higher claims fee is payable in respect of the 51st and each subsequent claim.
The claims fees must be calculated on the basis of the number of claims contained in the application in the version that is, in accordance with the indications in Form 1200, to be taken as the basis for processing in the European phase (see point 509). However, where the number of claims changes as a consequence of a later (further) amendment filed before expiry of the time limit set in the Rule 161 EPC/Rule 162 EPC communication, the number of claims fees due must be computed on the basis of the claims on file upon expiry of the six-month period set in the Rule 161 EPC/Rule 162 EPC communication (see point 510). For further information, please refer to the examples given in OJ 2016, A103, points 3.1 and 3.2.
If the applicant has already paid claims fees within the 31-month period, and the number of claims is reduced as a result of amendments filed within the six-month time limit set in the Rule 161 EPC/Rule 162 EPC communication, any claims fees paid in excess of those due will be refunded after expiry of that time limit (see point 512).
Date retrieved: 30 December 2018
15 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
XGA E IV 5 Amendments and the Rule 161 EPC/Rule 162 EPC communication if a supplementary European search is carried out
XGA E IV 6 Amendments and the Rule 161/162 communication if no supplementary European search is carried out
Offical Journal of the EPO
XOJ EPO 2016, A103 - Notice from the European Patent Office dated 16 December 2016 concerning amendments to Rules 51(2) and 162(2) EPC