8.2. Temporary change in the number of claims

Pronouncing in J 11/12 on the legal situation before the entry into force of the 1 January 2017 version of R. 162(2) EPC, the Legal Board held that an additional fee was not generally payable when the number of claims was increased after entry into the European phase unless R. 71(4) EPC came into play just before grant. A temporary increase in the number of claims to be examined had no consequences in terms of costs to the applicant. The same applied to Euro-direct applications once any claims fees under R. 45 EPC were paid.