Article 11[ 27 ],[ 28 ]
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in full if the European patent application is withdrawn, refused or deemed to be withdrawn before substantive examination has begun; 
(b)
at a rate of 50% if the European patent application is withdrawn after substantive examination has begun and 
before expiry of the time limit for replying to the first invitation under Article 94, paragraph 3, of the Convention 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, paragraph 3, of the Convention.
 
See notice from the EPO dated 29.01.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) and 11(b) of the Rules relating to Fees) following decisions J 25/10 and J 9/10 of the Legal Board of Appeal (OJ EPO 2013, 153).
Amended by decision of the Administrative Council CA/D 4/16 of 29.06.2016 (OJ EPO 2016, A48), entered into force on 01.07.2016.

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