GL A X 8 No deferred payment of fees, no legal aid, no discretion

The EPC makes no provision for deferring payment of fees (see J 2/78, reasons 3) or for granting legal aid. An indigent party still has the possibility of applying for legal aid from the competent national authority. However, the time limit for payment is not extended in such a case; a party claiming national legal aid must make the corresponding arrangements as early as possible so that they are in a position to pay the fee in due time.

GL A X 7.3.2 Claims fees payable before the grant of the European patent

In the communication under Rule 71(3), the applicant may be requested to pay claims fees due before grant of the European patent. If the applicant fails to pay the fee for all the claims in due time, the application is deemed to be withdrawn (Rule 71(7)).[Rule 71(4); ]

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

If the applicant pays the claims fees for all the claims incurring fees, the indication "claims fees" suffices to identify the purpose of the payment. If the amount paid is insufficient to cover all the claims fees, the procedure under A‑III, 9, applies.[Rule 45(1); ]

GL A X 7.3 Indication of the purpose of payment in the case of claims fees

7.3.1 Claims fees payable on filing the European patent application

7.3.2 Claims fees payable before the grant of the European patent

GL A X 7.2 Indication of the purpose of the payment in the case of designation fees

The following applies only to applications filed before 1 April 2009.[Art. 2(2), item 3, RFees; Art. 6(1) RFees; ]

The designation fees are deemed paid for all contracting states upon payment of seven times the amount of one designation fee. Such payments simply need to be marked "designation fees" in order for the purpose of the payment to be established.

GL A X 7.1.2 Purpose of payment

A distinction must be drawn between these conditions for valid payment (see A‑X, 7.1.1) and the indication of the purpose of the payment. Indication of the purpose of the payment serves to identify the proceedings for which the fee is intended (e.g. for fee payments, the application number) and the specific type of fee.

GL A X 7.1.1 Conditions for valid payment

There are two conditions for a fee payment to be valid:

(i)it must relate to pending proceedings; and

(ii)it must be made in due time, i.e.

GL A X 7.1 General

7.1.1 Conditions for valid payment

7.1.2 Purpose of payment

GL A X 7 Purpose of payment

7.1 General

7.2 Indication of the purpose of the payment in the case of designation fees

7.3 Indication of the purpose of payment in the case of claims fees

GL A X 6.2.6 Noting of loss of rights

If applicants who have been sent a communication under Rule 112(1) noting non-compliance with a time limit for payment claim that the payment was made in due time pursuant to Art. 7(1), (3) and (4) RFees, they