Claims incurring fees
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92
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If your European patent application comprises more than ten claims at the time of filing, you must pay a claims fee in respect of each claim over and above that number. You must pay claims fees within one month of filing the application.
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R. 31(1)
Guid. A-III, 9
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If your application includes several sets of claims (see point 102), a fee is payable only in respect of each claim beyond the tenth in the set that contains the greatest number of claims.
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If you fail to pay the fees in due time, you may still validly pay them within a non-extendable grace period of one month after being notified of your failure to observe the time limit. If you do not pay the fees within this grace period, the claims for which you have not paid the fees are deemed to be abandoned, and you are notified accordingly.
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Art. 91(2)
R. 41(1), 31, 69(1)
Guid. A-III, 9
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93
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If your application contains more than ten claims at the time of grant, the 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 If you do not pay them in due time, your application is deemed to be withdrawn (see points 166 and see point 167).
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R. 51(7)
Guid. C-VI, 15.1
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C. Preparing and filing a European patent application
Claims
Drawings
