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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Rules relating to Fees
Article 11 Refund of examination fee
Article 11[23]
Refund of examination fee 
The examination fee provided for in Article 94, paragraph 1, of the Convention shall be refunded:
(a)
in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Examining Divisions have assumed responsibility;
(b)
at a rate of 75% if the European patent application is withdrawn, refused or deemed to be withdrawn after the Examining Divisions have assumed responsibility but before substantive examination has begun.
 
[23] See notice from the EPO dated 22.10.2009 concerning the refund of the examination fee (OJ EPO 2009, 542).