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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Page fee
537
Applicants are advised to compute the correct page fee with the help of Form 1200, section 6, and in particular the related table, which is part of Form 1200. Precise and correct indications in section 6 and the table are required to ensure that the EPO does not deem the application to be withdrawn due to payment of what appears to be an incorrect amount of the filing fee. In particular, if the international application has not been published in an official language of the EPO, the applicant is advised to consult the information published in OJ 2009, page 338.
538
Regardless of the language of publicationAs a general rule, the page fee is based on the international application as published, regardless of the language of publication. The pages of the description, claims and drawings are counted, plus one page in total for any pages with the bibliographic data and the abstract. Amended claims under Article 19 PCT are also considered part of the international publication and must be taken into account unless the applicant has indicated that the procedure in the European phase is not to be based on them.
539
However, the calculation of the page fee cannot be based on pages of the description or of the claims drafted partly in an official language of the EPO and partly in another language. Thus, special rules for calculating the page fee apply if the international application was not published in an official language of the EPO and amendments were filed upon entry into the European phase.
OJ 2009, 338
540
If amendments to the claims are filed for the procedure in the European phase, the entire set of claims must always be submitted, and this set will form the basis for calculating the page fee and will replace any earlier set of claims filed. For international applications not published in an official language of the EPO, the page fee is calculated on the basis of the translation of the set of claims as amended and the description of the international application as published.
541
If amendments to the description are filed, in computing the page fee the pages of the description are counted as follows: the pages of the description as published, plus any pages submitted as amendments to the description, minus the pages which are replaced by the amendments to the description filed upon entry into the European phase. For international applications not published in an official language of the EPO, the page fee is calculated on the basis of the translation of the description as amended. The same applies where the description has been amended under Article 34 PCT and the applicant wishes these amendments to be taken into consideration in the European phase.
542
If the application was processed under PCT Chapter II, the amendments filed under Article 34 PCT are to be taken into account in computing the page fee unless the applicant indicates that these pages are not to form the basis for the procedure in the European phase.
543
Form 1200 and any sequence listing presented as a separate part of the description in accordance with the requirements of WIPO Standard ST.25 are disregarded for the purpose of these calculations. 
544
Pages with amendments filed after expiry of the 31-month time limit are not taken into account in calculating the filing fee. Consequently, even if amendments submitted after expiry of the 31-month time limit reduce the number of pages already paid for, no refund will be made.