Quick Navigation

 

Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Result of supplementary European search and refund of examination fee
575
Where the request for examination was filed before transmittal of the supplementary European search report, which is usually the case (see point 588), the EPO invites the applicant after transmittal of the supplementary European search report to indicate whether he wishes to proceed further with the application, unless the applicant has expressly waived the right to receive such invitation (see point 589).
OJ 2009, 533
576
Where the applicant wishes to proceed further, he must notify the EPO accordingly within the six-month time limit. Within the same time limit he may comment on the supplementary European search report by filing amendments. He must also make sure that, if the EPO has issued a negative written opinion, a substantive (mandatory) reply is submitted to ensure that the application is not deemed withdrawn in its absence (see point 494).
577
If the applicant does not wish to proceed further, he may withdraw the application, or refrain from answering within the time limit set in the respective invitation. This will result in the application being deemed withdrawn.
578
Where the application is withdrawn or deemed withdrawn before the examining division has assumed responsibility, the examination fee is refunded in full. 
579
If the application is withdrawn, refused or deemed withdrawnIf prosecution is stopped after the applicant has indicated that he wishes to proceed further and the examining division has assumed responsibility, the applicant may be entitled to a refund of 75% of the examination fee. This also applies if no supplementary European search report is drawn up (see points 577 ff).However, if at that time the examining division has started substantive examination, the examination fee will not be refunded.
OJ 2009, 542
OJ 2013, 153