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Article 10b – Refund of examination fee

Article 10b 16
Refund of examination fee

A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973.

The examination fee provided for in Article 94, paragraph 2, of the Convention shall be refunded:

(a) in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Examining Divisions have assumed responsibility;

(b) at a rate of 75% if the European patent application is withdrawn, refused or deemed to be withdrawn after the Examining Divisions have assumed responsibility but before substantive examination has begun.

16Inserted by decision of the Administrative Council of 10.06.1988 which entered into force on 01.10.1988 (OJ EPO 1988, 293 ff). See notice of the President of the EPO dated 15.07.1988 concerning the application of Article 10b of the Rules relating to Fees (OJ EPO 1988, 354).

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