The Legal Board ruled in J 25/10 (OJ 2011, 624, see headnote) that following the withdrawal of a European patent application, a refusal by the examining division of a request for a 75% refund of the examination fee, on the basis that substantive examination has already begun (Art. 11(b) RFees), must be based on facts which objectively demonstrate that this is so. See also J 9/10. Following these two decisions the EPO made adjustments to the system for refunding search and examination fees – see Notice dated 29 January 2013 (OJ 2013, 153). For Art. 11 RFees, as in force from 1 July 2016, see OJ 2016, A48 and OJ 2016, A49.
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_iii_u_6.htm
Date retrieved: 17 May 2021
7 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Rules relating to Fees
Offical Journal of the EPO
XOJ EPO 2016, A49 - Notice from the European Patent Office dated 30 June 2016 concerning refunds of the examination fee (Article 11 of the Rules relating to Fees)
XOJ EPO 2016, A48 - Decision of the Administrative Council of 29 June 2016 amending Article 11 of the Rules relating to Fees (CA/D 4/16)