5.3.3 Withdrawal of request for oral proceedings – reimbursement of appeal fee

Under R. 103(4)(c) EPC, 25% of the appeal fee is reimbursed if any request for oral proceedings is withdrawn within one month of notification of the communication issued by the board in preparation for the oral proceedings, and no oral proceedings take place. For further information, see chapter V.A.11.12. "Partial reimbursement (25%) under Rule 103(4) EPC".

In some decisions boards dealt with whether R. 103(4)(c) EPC applied only if the party explicitly withdrew its request for oral proceedings. While some boards required an explicit withdrawal, other boards considered an appellant's indication that it would not attend oral proceedings as complying with the requirement of a withdrawal under R. 103(4)(c) EPC.

On whether a withdrawal of a request for oral proceedings can lead to a different apportionment of costs under Art. 104 EPC, see chapter III.R.2.2. "Acts or omissions prejudicing the timely and efficient conduct of oral proceedings".