11. Crediting of fees under Rule 71a(5)
11.1 Crediting of the fee for grant and publishing
The amount of the fee for grant and publishing paid in response to the first Rule 71(3) communication is credited towards the amount of this same fee due in response to the second Rule 71(3) communication. If this fee increases between the first and second Rule 71(3) communications, the difference must be paid within the period for reply to the second Rule 71(3) communication.
For European patent applications filed before 1 April 2009 or international applications entering the European phase before that date, the fee for grant and publishing incorporates a fixed component and a component in respect of each page of the application in excess of 35 (see C‑V, 1.2 and A‑III, 13.2). If the overall fee changes between the first and second Rule 71(3) communication, any shortfall must be paid within the second Rule 71(3) period (e.g. resulting from a fee increase or an increase in the number of pages). Any excess will be refunded (for example where the version of the application on which the second Rule 71(3) communication is based has fewer pages than the earlier version on which the first Rule 71(3) communication was based).