J 0006/83 (Refund of examination fee (PCT)I) of 25.09.1984
- European Case Law Identifier
- ECLI:EP:BA:1984:J000683.19840925
- Date of decision
- 25 September 1984
- Case number
- J 0006/83
- Petition for review of
- -
- Application number
- 79901397.4
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- -
- Applicant name
- Caterpillar
- Opponent name
- -
- Board
- 3.1.01
- Headnote
If an international application which is deemed to be a European patent application in accordance with Article 150(3) EPC is withdrawn before the drawing up of the supplementary European search report can be begun, examination of the application is precluded. In such circumstances, if the examination fee has already been paid, it must be refunded.
- Relevant legal provisions
- European Patent Convention Art 157 1973European Patent Convention Art 17 1973European Patent Convention Art 18(1) 1973European Patent Convention Art 92 1973European Patent Convention Art 94(1) 1973European Patent Convention Art 94(2) 1973Patent Cooperation Treaty Art 23Patent Cooperation Treaty Art 40Rules relating to fees Art 10
- Keywords
- Refund of examination fee
Examination fee/refund
Withdrawal of application - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision of the Formalities Section of Directorate-General 2 dated 18 April 1983 is set aside.
2. The examination fee paid in respect of European patent application No. 79901397.4 shall be refunded in full to the appellant.
3. The request that a question or questions of law should be referred to the Enlarged Board of Appeal is refused.
4. The request for reimbursement of the appeal fee is refused.