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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART A GUIDELINES FOR FORMALITIES EXAMINATION General Part PART B  
CHAPTER XI FEES CHAPTER X DRAWINGS CHAPTER XII INSPECTION OF FILES; COMMUNICATION OF INFORMATION CONTAINED IN FILES; CONSULTATION OF THE REGISTER OF EUROPEAN PATENTS; ISSUANCE OF CERTIFIED COPIES  
10. Refund of fees 9. Reduction of fees    
10.1 General remarks   10.2 Special refunds  
10.1.1 Fee payments lacking a legal basis   10.1.2 Fee payments which are not valid  

10.1.1

Fee payments lacking a legal basis

 

There are two conditions for a fee payment to be fully valid:

 

(i)

the payment must relate to proceedings that are pending; and

 

(ii)

the date of payment (see XI, 4) must be on or after the due date (see XI, 5.1.1).

 

If a payment does not relate to a pending European patent application (e.g. it relates to a patent application already deemed to have been withdrawn), there is no legal basis for the payment; the amount paid must be refunded.

 

If the payment is made before or on the due date and if, no later than that date, the legal basis ceases to exist (e.g. because the patent application is deemed to be withdrawn or is withdrawn), the amount paid is to be refunded. This also applies to renewal fees validly paid before the due date (Rule 51(1), second sentence).

 


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