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R.45 EPC Claims incurring fees

Any European patent application comprising more than fifteen claims shall, in respect of the sixteenth and each subsequent claim, incur payment of claims fees as laid down in the Rules relating to Fees.

(2)

The claims fees shall be paid within one month of filing the first set of claims. If the claims fees have not been paid in due time, they may still be paid within one month of a communication concerning the failure to observe the time limit.

(3)

If a claims fee is not paid in due time, the claim concerned shall be deemed to be abandoned.

[ Art. 61 76 78 84 90 R. 71 162 ]

Amended by decision of the Administrative Council CA/D 2/08 of 06.03.2008 (OJ EPO 2008, 124), which entered into force on 01.04.2008.

Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r45.html

Date retrieved: 17 May 2021

45 references found.

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EPC Articles

X A.61 EPC European patent applications filed by non-entitled persons

X A.76 EPC European divisional applications

X A.77 EPC Forwarding of European patent applications

X A.78 EPC Requirements of a European patent application

X A.84 EPC Claims

X A.90 EPC Examination on filing and examination as to formal requirements

EPC Implementing Rules

X Chapter II Provisions governing the application

X R.37 EPC Forwarding of European patent applications

X R.57 EPC Examination as to formal requirements

X R.71 EPC Examination procedure

X R.162 EPC Claims incurring fees

EPC Rules relating to Fees

X A. 2 Rfees EPC Fees provided for in the Convention and in the Implementing Regulations

EPO Guidelines - A Formalities Examination

X GL A III 1.2 Further checks

X GL A III 9 Claims fee

X GL A III 16.1 Procedure formalities officer

X GL A III 16.2 Period allowed for remedying deficiencies

X GL A IV 1.4.2 Claims fees

X GL A IV 2.5 Filing a new application

X GL A X 5.2.3 Fee for grant and publishing

X GL A X 7.3.1 Claims fees payable on filing the European patent application

X GL A X 11.2 Crediting of claims fees

EPO Guidelines - B Search

X GL B III 3.4 Abandonment of claims

X GL B VIII 4.4 Cases under Rule 62a where claims fees are not paid

X GL B X 1 General

X GL B X 8 Restriction of the subject of the search

X GL B XI 6 The search opinion in cases of a limitation of the search

EPO Guidelines - C Procedureal Aspects of Substantive Examination

X GL C V 1.4 Claims fees due in response to Rule 71(3) communication

Offical Journal of the EPO

X OJ EPO SE 3/2020, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2020, A33 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2020 [ 1 ]

X OJ EPO 2020, A3 - Decision of the Administrative Council of 12 December 2019 amending Articles 2 and 7 of the Rules relating to Fees ( CA/D 12/19 )

X OJ EPO SE 4/2019, p52 - Annex A.3 to the ADA ‒ Fees excluded from the double-payment validation functionality

X OJ EPO SE 4/2019, p32 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure

X OJ EPO SE 3/2019, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2019, A29 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2019 [ 1 ]

X OJ EPO 2019, A20 - Decision of the President of the European Patent Office dated 19 February 2019 amending the Arrangements for deposit accounts (ADA)

X OJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2018, A32 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2018 [ 1 ]

X OJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure

X OJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]

X OJ EPO 2012, 52 - Notice from the European Patent Office dated 13 December 2011 concerning amended Rule 71 and new Rule 71a EPC

X OJ EPO 2009, 3-suppl - ARRANGEMENTS FOR DEPOSIT ACCOUNTS (ADA) AND THEIR ANNEXES

Case Law Book: II Conditions to be met by an Application

X CLR II A 8.2 Temporary change in the number of claims

Case Law Book: IV Divisional Applications

X CLR IV B 3.3.4 Claims fees due in response to Rule 71(3) EPC communication

X CLR IV B 3.7.2 Effects of non-payment of claims fees

General Case Law

X J 0011/12 (AnspruchsgebÃ¼hren / CARL ZEISS MICROSCOPY) of 29.6.2015