4.3 Filing European patent applications
4.3.7Refund of fees
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A revised version of this publication entered into force. |
4.3.019In principle, validly paid fees are not refunded except where specifically provided for (see also points 4.3.009, 5.4.002, 5.4.014). There are two conditions for a fee payment to be fully valid:
GL A‑X, 5.1.1, 10.1
(i) the payment must relate to proceedings that are pending; and
(ii) the date of payment must be on or after the due date and before expiry of the respective time limit.
The examination fee is refunded in full if the European patent application is withdrawn, refused or deemed to be withdrawn before substantive examination has begun.
The examination fee is refunded at a rate of 50% if the European patent application is withdrawn after substantive examination has begun but before expiry of the time limit for replying to the first invitation under Article 94(3) EPC issued by the examining division proper or, if no such invitation has been issued by the examining division, before the date of the communication under Rule 71(3) EPC (see point 5.4.002).
Similarly, the search fee paid for a European search is refunded in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the EPO has started drawing up the search report.
The European search fee is refunded in full or in part if the European search report can be based on an earlier search report already prepared by the EPO on a national, European or international application whose priority is claimed or, in the case of divisional applications, where the search report is based on an earlier search report prepared by the EPO on the parent application. Refund of the search fee can be requested by selecting the corresponding option in the "Fee" tab of Online Filing or Online Filing 2.0, or by crossing the box in section 40 of the paper request for grant form (see also point 5.8.005).
The designation fee falls due on the date on which the publication of the European search report is mentioned in the European Patent Bulletin. It can only be refunded if the European patent application is withdrawn, refused or deemed to be withdrawn before that publication date. After that date the designation fee is deemed to have been validly paid and can therefore not be refunded.
As a general rule, the EPO will make refunds to a deposit account held with it if you have instructed it to do so. Otherwise, it will invite you to claim any refund via its website (fee-payment.epo.org) and specify a bank account to which the refund is to be credited.