If the Review Panel finds that a protest was entirely justified, the additional search fees and the protest fee will be refunded.[Rule 40.2(c); (e); ]
If it finds that the protest was justified only in part, the corresponding additional search fees will be refunded, but not the protest fee (see GL/PCT‑EPO B‑VII, 7.2).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/a_iii_9_3.htm
Date retrieved: 17 May 2021