6. Fee refunds
6.1. Partial refund of the examination fee
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
The Legal Board ruled in J 25/10 (OJ 2011, 624, see headnote) that following the withdrawal of a European patent application, a refusal by the examining division of a request for a 75% refund of the examination fee, on the basis that substantive examination has already begun (Art. 11(b) RFees), must be based on facts which objectively demonstrate that this is so. See also J 9/10. Following these two decisions the EPO made adjustments to the system for refunding search and examination fees – see notice dated 29 January 2013 (OJ 2013, 153).