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The European Patent Convention

 
 

Rule 103[ 100 ],[ 101 ]
Reimbursement of appeal fees

(1)
The appeal fee shall be reimbursed in full 
(a)
in the event of interlocutory revision or where the Board of Appeal deems an appeal to be allowable, if such reimbursement is equitable by reason of a substantial procedural violation, or  
(b)
if the appeal is withdrawn before the filing of the statement of grounds of appeal and before the period for filing that statement has expired. 
(2)
The appeal fee shall be reimbursed at 50% if the appeal is withdrawn after expiry of the period under paragraph 1(b), provided withdrawal occurs:
(a)
if a date for oral proceedings has been set, at least four weeks before that date; 
(b)
if no date for oral proceedings has been set, and the Board of Appeal has issued a communication inviting the appellant to file observations, before expiry of the period set by the Board for filing observations; 
(c)
in all other cases, before the decision is issued. 
(3)
The department whose decision is impugned shall order the reimbursement if it revises its decision and considers reimbursement equitable by reason of a substantial procedural violation. In all other cases, matters of reimbursement shall be decided by the Board of Appeal. 
 
See decision of the Enlarged Board of Appeal G 3/03 (Annex I).
Amended by decision of the Administrative Council CA/D 16/13 of 13.12.2013 (OJ EPO, 2014, A3) entered into force on 01.04.2014. 
References

Art. 109, 111

 
Version history +
13.12.2007 - 31.03.2014 
Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8)
01.04.2014 - 
CA/D 16/13 (OJ EPO 2014, A3)
 
Cross-reference list
EPC EPC 1973
R. 103R. 67