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

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
XI. Renewal fee and claims fees
Claims fees
Non-observance of the time limit for payment of the claims fee
Non-observance of the time limit for payment of the claims fee
599
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 502).
R. 162(2) EPC
GL/EPO E-VIII, 2.1.3
600
If additional claims fees become due as a result of amendments filed during the six-month period, the applicant must pay these further claims fees during that same period, since no further invitation under Rule 162 EPC will be issued (see point 500).
601
Where a claims fee is not paid within the six-month period, the claim concerned is deemed to be abandoned. 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.  
R. 162(4) EPC