PART II – PROCEDURES TO BE CARRIED BY THE EUROPEAN PATENT OFFICE UNDER REGULATIONS (EU) NO 1257/2012 AND NO 1260/2012
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CHAPTER II – COMPENSATION SCHEME

Overview

Rule 10
Examination of the request and grant of compensation

(1)After the European Patent Office has registered the unitary effect of the European patent in the Register for unitary patent protection and has examined the request for compensation, it shall inform the patent proprietor whether that request has been granted or rejected. 

(2)Once granted, compensation shall not be rescinded, even if, as a result of changed circumstances, the proprietor no longer qualifies for it under Rule 8.

(3)Should the Office have reason to doubt the veracity of the declaration filed under Rule 9, paragraph 2, it shall invite the patent proprietor to provide evidence that he fulfils they fulfil the requirements of Rule 8, paragraph 2. Articles 113(1) EPC and Article 114 EPC shall apply.

(4)If the Office finds that the compensation was granted on the basis of a false declaration, it shall invite the patent proprietor to pay, together with the next renewal fee falling due, an additional fee composed of the amount of the compensation paid and an administrative fee as laid down in the Rules relating to Fees for Unitary Patent Protection. If this additional fee is not paid in due time, the European patent with unitary effect shall lapse under Rule 14.

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