European patent - Claims incurring fees

Within the scope of our providing intellectual property services in Europe, we provide as follows information about the regulation in the Rule 45 of the European Patent Convention (EPC) Implementing Regulations (IR) about the Claims incurring EPO Official fees.


According to Rule 45 of the (EPC) (IR)


Any European patent application comprising more than fifteen claims shall, in respect of the sixteenth and each subsequent claim, incur payment of claims fees as laid down in the EPO Rules relating to Fees.



The claims fees shall be paid within one month of filing the first set of claims. If the claims fees have not been paid in due time, they may still be paid within one month of a communication concerning the failure to observe the time limit. 



If a claims fee is not paid in due time, the claim concerned shall be deemed to be abandoned. 


Prepared by European Patent Registration and Consulting Services
prov. by Lawyers Antevski member of network of ARI INTERNATIONAL Law & Trade from Liechtenstein