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 506507).
If additional claims fees become due as a result of amendments filed duringwithin the six-month period, the applicant must pay these further claims fees duringwithin that same period, since no further invitation under Rule 162 EPC will be issued (see point 504505).
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.

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