4.1. ‍‍Rule 63 EPC governing incomplete search

In T 1895/13 the board found the request for a refund of the search fee in the absence of any cited document to be inadmissible. Concurring with the reasoning in points 24 to 29 of the Reasons in T 2249/13, the board stated it could only apply the EPC and associated provisions as they were. Art. 9(1) Rules relating to Fees provides for a refund of the search fee only in the case that the European patent application is withdrawn at a time when the Office has not yet begun to draw up the search report, but not in the case of a no-search declaration under R. 63 EPC. Furthermore, the search division could be assumed to have analysed the set of claims before taking the decision to issue a no-search declaration, and, hence, it could not be argued that the EPO had been unjustly enriched. The board explained that it was also not competent to decide on claims for compensation in respect of a loss or damage allegedly caused by the EPO in the course of patent grant proceedings (see J 14/87, OJ EPO 1988, 295).