4.4 Cases under Rule 62a where claims fees have not been paid

If an independent claim has been deemed to be abandoned under Rule 45(3) or Rule 162(4) because the claims fee has not been paid (see A‑III, 9), the applicant cannot indicate it in reply to the invitation under Rule 62a(1), because it is no longer eligible for search (see B‑III, 3.4). If such a claim is indicated, the search division will ignore this, instead applying Rule 62a(1), last sentence, and searching the first independent claim in the category in question for which claims fees have been paid.

If all the independent claims in the category in question have been deemed to be abandoned because the fees were not paid, no invitation under Rule 62a(1) will be issued and none of them will be searched.