Rule 162 – Claims incurring fees - The European Patent Convention, Implementing Regulations – to the Convention on the Grant of European Patents, Part IX – Implementing Regulations to Part X of the Convention
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If the application documents on which the European grant procedure is to be based comprise more than fifteen claims, claims fees shall be paid for the sixteenth and each subsequent claim as laid down in the Rules relating to Fees within the period under Rule 159, paragraph 1.
If the claims fees are not paid in due time, they may still be paid within six months from a communication concerning the failure to observe the time limitthe period under Rule 161, paragraph 1 or Rule 161, paragraph 2, as the case may be. If within this period amended claims are filed, the claims fees due shall be computed on the basis of such amended claims and shall be paid within this period.
Any claims fees paid within the period under paragraph 1 and in excess of those due under paragraph 2, second sentence, shall be refunded.
Where a claims fee is not paid in due time, the claim concerned shall be deemed to be abandoned.