J 0008/83 (Refund of Examination fee (PCT)II) of 13.2.1985

European Case Law Identifier: ECLI:EP:BA:1985:J000883.19850213
Date of decision: 13 February 1985
Case number: J 0008/83
Application number: 80901737.9
IPC class: -
Language of proceedings: EN
Distribution: A
Download and more information:
Decision text in EN (PDF, 469 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: OJ | Published
Title of application: -
Applicant name: Western Electric
Opponent name: -
Board: 3.1.01
Headnote: I.If a supplementary European Search report has to be drawn up in respect of an international application which is deemed to be a European patent application, the applicant is entitled to receive the invitations provided for in Article 96(1) EPC and Rule 51(1) EPC.
II. Since in the case of such an international application, responsibility for examination of the application does not pass to the Examining Division until the applicant has indicated under Article 96(1) EPC that he desires to proceed further with his application, the applicant may obtain a refund of the examination fee if in response to the invitation under Article 96(1) EPC he withdraws his application, or allows it to be deemed to be withdrawn.
Relevant legal provisions:
European Patent Convention 1973 Art 16
European Patent Convention 1973 Art 18(1)
European Patent Convention 1973 Art 92
European Patent Convention 1973 Art 96
European Patent Convention 1973 Art 150
European Patent Convention 1973 Art 157
European Patent Convention 1973 R 51(1)
Patent Cooperation Treaty Art 18
Patent Cooperation Treaty Art 19
Rules of procedure of the Boards of Appeal Art 9(2)
Keywords: Examination fee/refund of
Refund of examination fee
Invitation by the EPO
Catchwords:

-

Cited decisions:
-
Citing decisions:
J 0030/89
J 0009/10

Source: http://www.epo.org/law-practice/case-law-appeals/recent/j830008ex1.html

Date retrieved: 17 May 2021

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