EUROPEAN PATENT CONVENTION 1973 - Table of Contents IMPLEMENTING REGULATIONS TO THE CONVENTION ON THE GRANT OF EUROPEAN PATENTS PART IX - IMPLEMENTING REGULATIONS TO PART X OF THE CONVENTION   Rule 110 - Claims incurring fees - Consequence of non-payment

Rule 110 159

Claims incurring fees
Consequence of non-payment

(1) If the application documents on which the European grant procedure is to be based comprise more than ten claims, a claims fee shall be payable for the eleventh and each subsequent claim within the period provided for in Rule 107, paragraph 1.

(2) Any claims fees not paid in due time may still be validly paid within a non-extendable period of grace of one month as from notification of a communication pointing out the failure to pay. If within this period amended claims are filed, the claims fees due shall be computed on the basis of such amended claims.

(3) Any claims fees paid within the period provided for in paragraph 1 and which are in excess of those due under paragraph 2, second sentence, shall be refunded.

(4) Where a claims fee is not paid in due time, the claim concerned shall be deemed to be abandoned.

159 Existing Rules 104b to Rule 106a were replaced by new Rules 106 to Rule 112. Decision of the Administrative Council of 13.10.1999 which entered into force on 01.03.2000 (OJ EPO 1999, 660 ff).