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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)... D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II ANNEX I Terms and abbreviations
II. What must the applicant do to initiate the European phase? I. General III. Filing of other documents
Non-observance of the time limit for payment of the claims fee Claims fee How to file the request for examination (Form 1200, Section 4)


Non-observance of the time limit for payment of the claims fee


244

Where the applicant fails to pay the correct amount of the claims fee within the 31-month period, the EPO will invite him by means of the combined communication pursuant to Rule 109 and Rule 110(2) EPC to pay the missing amount within a non-extendable period of grace of one month of notification of a communication pointing out the failure to pay (see point 198). If additional claims fees become due as a result of amendments filed in response to this communication, no further invitation under Rule 110(2) EPC will be issued.

R. 110(2) EPC



245

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

R. 110(4) EPC




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