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D
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E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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Claims fee
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242
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If the application documents on which the European grant procedure is to be based contain more than ten claims, a claims fee is payable for the eleventh and each subsequent claim within the 31-month period.
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R. 109, 110 EPC
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243
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The 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 197). However, where, as a consequence of a later (further) amendment of the claims in response to the communication issued pursuant to Rule 109 EPC, the number of claims changes, that number is then used as the basis for calculation of the claims fees. The communication pursuant to Rule 109 EPC at the same time sets a time limit for payment of claims fees pursuant to Rule 110(2) EPC.
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If the applicant has already paid claims fee within the 31-month period, any amounts in excess of the newly computed fees will be refunded.
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R. 110(3) EPC
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