GL A X 10.2.5 Refund of the fee for grant and publishing

If the application is refused, withdrawn prior to notification of the decision on the grant of a European patent or, at that time, deemed to be withdrawn, the fee for grant and publishing shall be refunded. The date of notification of the decision is determined as indicated in E‑II, 2.

GL A X 10.2.4 Refund pursuant to Rule 37(2)

If a European patent application filed with a competent national authority is deemed to be withdrawn pursuant to Art. 77(3), all fees, in particular the filing, search and designation fees and any claims fees paid, will be refunded.[Rule 37(2); ]

GL A X 10.2.3 Refund of the examination fee

The examination fee will be refunded in the situations described in Art. 11 RFees (see A‑VI, 2.2, 3rd paragraph, and A‑VI, 2.5).[Art. 11 RFees; ]

GL A X 10.2.2 Refund of the further search fee

If an applicant, following a communication from the search division, has paid a further search fee but the examining division, at the applicant's request, has found that there was no justification for charging the further search fee, the latter will be repaid. The same principle applies if the applicant has paid a search fee on the basis of an invitation by the examining division in accordance with Rule 164(2) (see C‑III, 2.3).

GL A X 10.2.1 Refund of the search fee

The search fee for a European or supplementary European search is refunded in cases provided for in Art. 9 RFees and in the Decision of the President of the EPO dated 21 December 2018, OJ EPO 2019, A4, which applies to European patent applications in respect of which the European or supplementary European search is completed on or after 1 April 2019.

GL A X 10.2 Special refunds

10.2.1 Refund of the search fee

10.2.2 Refund of the further search fee

10.2.3 Refund of the examination fee

10.2.4 Refund pursuant to Rule 37(2)

10.2.5 Refund of the fee for grant and publishing

GL A X 10.1.3 Insignificant amounts

Where the sum paid is larger than the fee, the excess will not be refunded if the amount is insignificant and the party concerned has not expressly requested a refund. It has been decided that any amount up to EUR 16 constitutes an insignificant amount (see the Decision of the President of the EPO dated 14 February 2020, OJ EPO 2020, A17).[Art. 12 RFees; ]

GL A X 10.1.2 Late payments

The payment of a fee after expiry of the applicable time limit is not valid and must be refunded, unless a valid request for further processing has been filed.

GL A X 10.1.1 Fee payments lacking a legal basis

If a payment does not relate to a pending European patent application (e.g. it relates to a patent application already deemed to be withdrawn) or to pending proceedings, there is no legal basis for the payment. In these cases, the amount paid must be refunded.

If the payment is made before or on the due date and if, no later than that date, the legal basis ceases to exist (e.g. because the patent application is deemed to be withdrawn or is withdrawn), the amount paid is to be refunded.

GL A X 10.1 General remarks

A fee that has been validly paid (see A-X, 7.1.1) is not refunded.