J 0008/83 (Refund of Examination fee (PCT)II) of 13.02.1985
- European Case Law Identifier
- ECLI:EP:BA:1985:J000883.19850213
- Date of decision
- 13 February 1985
- Case number
- J 0008/83
- Petition for review of
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- Application number
- 80901737.9
- IPC class
- -
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
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- Abstracts for this decision
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- Application title
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- Applicant name
- Western Electric
- Opponent name
- -
- Board
- 3.1.01
- Headnote
I.If a supplementary European Search report has to be drawn up in respect of an international application which is deemed to be a European patent application, the applicant is entitled to receive the invitations provided for in Article 96(1) EPC and Rule 51(1) EPC.
II. Since in the case of such an international application, responsibility for examination of the application does not pass to the Examining Division until the applicant has indicated under Article 96(1) EPC that he desires to proceed further with his application, the applicant may obtain a refund of the examination fee if in response to the invitation under Article 96(1) EPC he withdraws his application, or allows it to be deemed to be withdrawn.
- Relevant legal provisions
- European Patent Convention Art 150 1973European Patent Convention Art 157 1973European Patent Convention Art 16 1973European Patent Convention Art 18(1) 1973European Patent Convention Art 92 1973European Patent Convention Art 96 1973European Patent Convention R 51(1) 1973Patent Cooperation Treaty Art 18Patent Cooperation Treaty Art 19Rules of procedure of the Boards of Appeal Art 9(2)
- Keywords
- Examination fee/refund of
Refund of examination fee
Invitation by the EPO - Catchword
- -
- Cited cases
- -
ORDER
For these reasons, it is decided that:
1. The decision of the Formalities Section of Directorate-General 2 of the European Patent Office dated 18 April 1983 is set aside.
2. The examination fee paid in respect of the European patent application shall be refunded to the appellant.