Chapter 4 – Preparing and filing a European patent application
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  6. 4.2 Presenting your invention
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4.2 Presenting your invention

Overview

4.2.7Claims incurring fees 

4.2.028If your European patent application comprises more than 15 claims, you must pay a claims fee in respect of each claim over and above that number. For the 51st and each subsequent claim the amount of the claims fee is higher. You must pay claims fees within one month of filing the first set of claims. 

R. 45(1), (2)
GL A‑III, 9
Art. 2(1), item 15, RFees

If your application includes several sets of claims (see point 4.2.039), a fee is payable only in respect of each claim beyond the 15th in the set that contains the highest number of claims.

If you fail to pay the fees in due time, you may still validly pay them within a non-extendable period of one month after being notified of your failure to observe the time limit. If you do not pay the fees within this period, the claims for which you have not paid the fees are deemed to be abandoned, and you are notified accordingly (but see point 5.10.007).

R. 45(2), (3), R. 112(1)
GL A‑III, 9

4.2.029If your application contains more than 15 claims at the time of grant, claims fees are payable at this stage if they have not already been paid. If you do not pay them in due time, your application is deemed to be withdrawn (see points 5.4.011, 5.4.014).

R. 71(4)
GL C‑V, 1.4

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