J 0014/85 (Repayment of examination fee) of 30.07.1986
- European Case Law Identifier
- ECLI:EP:BA:1986:J001485.19860730
- Date of decision
- 30 July 1986
- Case number
- J 0014/85
- Petition for review of
- -
- Application number
- 83300695.0
- IPC class
- A24D 3/06
- 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
- Suntory
- Opponent name
- -
- Board
- 3.1.01
- Headnote
If a European patent application is withdrawn after responsibility for examination has passed to an Examining Division in accordance with Articles 16 and 18(1) EPC but before examination has in fact been commenced by the Division, the examination fee cannot be repaid unless there is some legal impediment to commencement of examination. The EPC does not prohibit repayment but there is no provision in the Implementing Regulations or the Rules relating to Fees which allows it.
- Relevant legal provisions
- European Patent Convention Art 94(2) 1973
- Keywords
- Repayment of examination fee
Examination fee/repayment - Catchword
- -
- Cited cases
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ORDER
For these reasons, it is decided that:
The appeal against the decision of the Head of the Formalities Section of Directorate General 2 dated 4 March 1985 is dismissed.