5.11.3.Claims fees 

5.11.004If the application documents on which the European grant procedure is to be based contain more than fifteen claims, a claims fee is payable within the 31-month period in respect of the sixteenth and each subsequent claim, and a higher claims fee is payable in respect of the 51st and each subsequent claim. 

5.11.005The claims fees must be calculated on the basis of the number of claims contained in the application in the version that is, in accordance with the indications in Form 1200, to be taken as the basis for processing in the European phase (see point 5.4.032). However, where the number of claims changes as a consequence of a later (further) amendment filed before expiry of the time limit set in the Rule 161 EPC/Rule 162 EPC communication, the number of claims fees due is computed on the basis of the claims on file upon expiry of the six-month period set in the Rule 161 EPC/Rule 162 EPC communication (see point 5.4.034). For further information, please refer to the examples given in OJ 2016, A103, points 3.1 and 3.2.

5.11.006If the applicant has already paid claims fees within the 31-month period, and the number of claims is reduced as a result of amendments filed within the six-month time limit set in the Rule 161 EPC/Rule 162 EPC communication, any claims fees paid in excess of those due will be refunded after expiry of that time limit (see point 5.4.035).