GA E XI 4 Non-observance of the time limit for payment of the claims fee

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 161/162 communication to pay the missing amount within a non-extendable period of six months (see point 511).
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 509).
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). 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 511).

13 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

EPC Articles

EPC Implementing Rules

EPC Rules relating to Fees

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

Offical Journal of the EPO

General Case Law