EPO: refunds of the examination fees
On June 30, 2016, Article 11 of the Rules relating to Fees of the EPC was amended by the EPO.
Under the revised law, the examination fee should be refunded to the applicant in full if the EP application is withdrawn, refused or deemed to be withdrawn before the beginning of the substantive examination, while previously, only 75% of the fee was refunded. The above-mentioned amendment entered into force on July 1, 2016.
The amended law also allows refunding the examination fee at a rate of 50%, if the EP application is withdrawn:
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after the beginning of substantive examination and before the lapse of the term to respond to the Examining Division’s invitation (i.e. filing observations/amendments to the EP application); or
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if no invitation is sent, before the date of the communication issued by the Examining Division.
A 50% refund will apply to all EP applications for which substantive examination will begin on or after November 1, 2016.
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Author: Lynda Miller