Article 11[ 31 ],[ 32 ]
Refund of examination fee

The examination fee provided for in Article 94, paragraph 1, of the Convention shall be refunded:
(a)
in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Examining Divisions have assumed responsibilitysubstantive examination has begun;
(b)
at a rate of 7550% if the European patent application is withdrawn, refused or deemed to be withdrawn after the Examining Divisions have assumed responsibility but before substantive examination has begun. and
-
before expiry of the time limit for replying to the first invitation under Article 94, paragraph 3, of the Convention 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, paragraph 3, of the Convention.
 
See notice from the EPO dated 29.01.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) and 11(b) of the Rules relating to Fees) following decisions J 25/10 and J 9/10 of the Legal Board of Appeal (OJ EPO 2013, 153).Amended by decision of the Administrative Council CA/D 4/16 of 29.06.2016 (OJ EPO 2016, A48), entered into force on 01.07.2016.
Amended by decision of the Administrative Council CA/D 4/16 of 29.06.2016 (OJ EPO 2016, A48), entered into force on 01.07.2016.See notice from the EPO dated 30.06.2016 concerning refunds of the examination fee (Article 11 of the Rules relating to Fees) , OJ EPO 2016, A49.
Version history +
13.12.2007 - 30.06.2016 
01.07.2016 -  
CA/D 4/16 (OJ EPO 2016, A48)

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