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Guidelines for Examination

 
 

10.4 Person to whom refund is payable

Fees will be refunded to the party concerned. However, if the party's representative is authorised to receive payments, the refund will be made to the representative. A refund will not be made to a third party who paid the fee, except where this relates to the fee for file inspection.

It is not incumbent upon the EPO to ascertain whether there are legal grounds, arising out of the relations between the party or his representative and the person who made the payment, for making the refund direct to the latter. Consequently, a refund will be made direct to the person who made the payment only if the purpose of the payment cannot immediately be established and the person who made the payment fails, on request, to notify the EPO of that purpose in due time. Since the proceedings to which it relates cannot be identified, the fee will be considered not to have been paid (Art. 6(2) RFees).