7.3 Reimbursement of appeal fees 

In the event of interlocutory revision, the department whose decision was contested will order reimbursement of the appeal fee if this is equitable because of a substantial procedural violation. This is particularly the case when essential facts or evidence were not taken into consideration in arriving at a decision, e.g. where a document filed at the EPO in good time by the party concerned was not put on file before the decision was reached or where the decision is based on facts or evidence on which the parties concerned had no opportunity to comment. The appeal fee is to be reimbursed, even if this was not explicitly requested by the appellant (see G 3/03).

The appeal fee will not be reimbursed if the basis for rectifying the decision by interlocutory revision is not a substantial procedural violation but, for example, amendments submitted by the party concerned when filing the appeal.

If the department whose decision is contested considers the requirements in Art. 109 for interlocutory revision to be fulfilled, but not the requirements in Rule 103(1)(a) for reimbursement of the appeal fee, it must rectify its decision and remit the request for reimbursement to the board of appeal for a decision (see J 32/95).

The request for reimbursement of the appeal fee will be remitted to the board of appeal only if it was filed together with the appeal (see G 3/03 and T 21/02).