The European Patent Convention

Article 11 [ 45 ], [ 46 ]
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in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the substantive examination has begun;

(b)

at a rate of 50% if the European patent application is withdrawn after substantive examination has begun and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.

^[ 45 ]

Amended by decision of the Administrative Council CA/D 4/16 of 29.06.2016 (OJ EPO 2016, A48), which entered into force on 01.07.2016.

^[ 46 ]

See notice from the EPO of 30.06.2016 concerning refunds of the examination fee (Article 11 of the Rules relating to Fees) (OJ EPO 2016, A49).

13.12.2007 - 30.06.2016

01.07.2016 -

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