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New EPO Rules for Examination Fee Refund since 1 April 2010

February 15, 2010 | EU

According to Article 11 of the Rules relating to Fees, the examination fee is refunded:
 
(i) in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the examining divisions have assumed responsibility; or
 
(ii) at a rate of 75% if the European patent application is withdrawn, refused or deemed to be withdrawn after the examining divisions have assumed responsibility but before substantive examination has begun.

With the entry into force of the amended Implementing Regulations to the EPC on 1 April 2010 (see CA/D 3/09 of 25 March 2009, OJ EPO 2009, 299), the circumstances in which the refund rate of 75% applies need clarification. Such clarification is given in the EPO Notice of 22 October 2009.

More details on EPO site.

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