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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 500). 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, that number is to be used as the basis for calculating the amount of the claims fees to be paid. The Rule 161/162 communication sets a six-month time limit for payment of any claims fees not yet paid (see point 501).
If the applicant has already paid claims fees within the 31-month period, any claims fees paid in excess of those due taking into account any amendment made thereafter, will be refunded after expiry of the six-month time limit set in the Rule 161 EPC/Rule 162 EPC communication (see point 503).