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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents

E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II)...

D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II

II. What must the applicant do to initiate the European phase?

Result of supplementary search and refund of examination fee

When must the request for examination be filed? When must the examination fee be paid?

Result of supplementary search and refund of examination fee

252

Where the request for examination has been filed before transmittal of the supplementary European search report, which will usually be the case, the EPO invites the applicant as soon as possible after it transmits the supplementary European search report, to indicate whether he desires to proceed further with the application before the EPO, unless he has expressly waived his right to receive such invitation.

Art. 96(1) EPC

Art. 10b Rfees

GL/EPO C-VI, 1.1.2

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If he does not wish to proceed further, the applicant may withdraw the application or simply refrain from answering the invitation within the two- month time limit set therein. In such a case, where the application is withdrawn or deemed to be withdrawn, the examination fee is refunded in full. However, if at a later stage the applicant decides to stop the prosecution of the application, 75% of the examination fee is refunded provided the examination has not yet commenced. The latter applies also to cases where no supplementary search report is drawn up.

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How to get a European patent - "Euro-PCT"