Refund of fees
122a
In principle, validly paid fees are not refunded except where specifically provided for (see also points 113, 156, 168). There are two conditions for a fee payment to be fully valid:
(i) 
the payment must relate to proceedings that are pending; and 
(ii) 
the date of payment must be on or after the due date. 
The examination fee is refunded in full at a rate of 100% if the European patent application is withdrawn, refused or deemed to be withdrawn before substantive examination has begunthe examining division has assumed responsibility.
The examination fee is refunded at a rate of 50%75% if the European patent application is withdrawn, refused or deemed to be withdrawn after substantive examination has begun the examining division has assumed responsibility but before expiry of the time limit for replying to the first invitation under Article 94(3) EPC issued by the Examining Division proper or, if no such invitation has been issued by the Examining Division, before the date of the communication under Rule 71(3) EPC substantive examination has begun (see point 156).
Similarly, the search fee paid for a European or supplementary European search is refunded in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Office has started drawing up the search report. 
The European search fee is refunded in full or in part if the European search report can be based on an earlier search report already prepared by the EPO on a national, European or international application whose priority is claimed or, in the case of divisional applications, where the search report is based on an earlier search report prepared by the EPO on the parent application. Refund of the search fee can be requested by crossing the box in section 40 of the request for grant form (see also point 212).
The designation fee falls due upon publication of the mention of the European search report. It can only be refunded if the European patent application is withdrawn, refused or deemed to be withdrawn before that publication date. After that date the designation fee is deemed to have been validly paid and can therefore not be refunded. 

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