Official Fees

Due Date of Official Fees

Due Date

Principle

The due date corresponds to the first day from which the official fee may be validly paid (Guidelines A-X 5.1.1).

Normally, the due date arises from the EPC (R4(1) RFEE).

If this is not the case, the due date is the date of the request for performance of a service by the EPO (R4(1) RFEE) subject to an official fee.

Exceptions

There are only two exceptions to this principle (Guidelines A-X 5.1.1):

• annual fees (which may be validly paid 3 months before the due date / before their due date, R51(1) EPC);
• official fees paid voluntarily in response to R71(3) EPC where amendments are also submitted (Guidelines C-V 4.2).

Official Fees Paid Before the Due Date

If an official fee is paid before its due date (excluding the exceptions mentioned above), this official fee is normally refunded, unless the payment was made only shortly before (even if the payment only becomes valid from the due date, Guidelines A-X 5.1.1).

There is also an exception to this principle regarding the designation fee: this fee is normally due on the date on which the mention of the publication of the European search report is published, but if it is paid before the due date (e.g., at the filing of the application), the designation fee will not be automatically refunded (Guidelines A-X 5.2.2) unless the application is withdrawn before the due date.

Payment of Official Fees

Currencies

Payments to the EPO are made in euros (R5(1) RFEE).

Any other currency is refused (« Notice dated 1 October 2001 on the introduction of the euro« , OJ 2001, 524, art 3).

Persons Who May Pay

Any official fee may be paid by any person (Guidelines A-X 1).

Payment Details

Every payment must include (R6(1) RFEE):

• the name of the person making the payment;
• the details necessary to easily identify the purpose of the payment.

If the purpose of the payment is not easily identifiable, the EPO invites the applicant to specify this purpose within a set period (R6(2) RFEE).

However, if the purpose of the payment is manifestly incorrect and the remaining information provided allows the true purpose of the payment to be determined without difficulty (Guidelines A-X 7.1.2), then the EPO will correct the purpose on its own initiative.

Otherwise, the payment is deemed null and void (R6(2) RFEE).

Payment Methods

Principle

Payments to the EPO may be made (A5(1) RFEE):

• deposit;
• bank transfer.

Cash payment

Payment in cash directly at the EPO is not possible.

However, payment by depositing cash at a bank counter is in fact a deposit payment intended for a bank account of the Office (J7/81).

The date of payment is deemed to be the date on which the deposit amount is credited to a bank account of the Office (J7/81).

Payment by current account

Opening

Any natural or legal person may open a current account with the EPO (2.1 RCC, « Regulations on Current Accounts« , OJ 4/2019, supplementary publication).

Funding

Funding of the current account is carried out by a bank transfer to an EPO account, indicating (3.2 RCC, « Regulations on Current Accounts« , OJ 4/2019, supplementary publication):

• the reference « funding » (or the abbreviation « fund ») or « filing »,
• followed by the eight-digit number (beginning with 28) of the relevant EPO current account.

The EPO has an account in almost every member state with a national bank (see « Euro Accounts of the European Patent Organisation« , OJ 4/2014, supplementary publication, p64).

The date of payment is then the date on which the deposit is credited to this account (3.2 RCC, « Regulations on Current Accounts« , OJ 4/2019, supplementary publication).

Account statement

The account proprietor may consult the status of their account online (4.2 RCC, « Regulations on Current Accounts« , OJ 4/2019, supplementary publication as amended by « Decision of the President of the European Patent Office, dated 19 February 2019, amending the Regulations on Current Accounts (RCC)« , OJ 2019, A20).

Furthermore, an account balance is sent at the end of each financial year (« Decision of the President of the European Patent Office, dated 19 February 2019, amending the Regulations on Current Accounts (RCC)« , OJ 2019, A20).

Debiting of the account

The current account is debited based on a debit order signed by the account proprietor (on order or automatically) (5.1 RCC, « Regulations on Current Accounts« , JO 4/2019, supplementary publication) in a format enabling electronic processing (XML), using one of the following methods:

• online:
  • on EPO forms 1001E (request for grant), 1200E (entry into the national phase), 2300E (opposition) or 1038E (subsequently filed items);
  • via the EPO Online Filing software or PCT-SAFE, CMS and ePCT using the PCT fee calculation and payment function;
  • via the payment of official fees online within the framework of the online services.

Debit orders submitted in any other manner, for example on paper, by fax, using the online form filing service, or in a different format, such as a PDF attachment, are not valid and will therefore not be executed (5.1 RCC, « Regulations on Current Accounts« , JO 4/2019, supplementary publication).

If the amount indicated is incorrect (or any other information is clearly erroneous), but the party’s intent is clear, the EPO will correct the amount itself and debit the correct amount (T152/82, T170/83, Guidelines A-X 4.2.3 and Guidelines A-X 7.1.2).

In fact, some decisions even note that it is not required to indicate the precise amount to be paid but only to identify the official fee (T1474/19).

Implied debiting of the account?

Indicating in a letter that the proprietor is paying by debiting the current account but without attaching the appropriate form does not allow the EPO to consider the payment as valid (T198/16).

Debiting and insufficient funds

If the account balance is insufficient to pay all the official fees due for an application, the current account will not be debited (7.1 RCC, « Regulations on Current Accounts« , JO 4/2019, supplementary publication).

The account proprietor is then informed of this fact (by fax or email) (7.1 RCC, « Regulations on Current Accounts« , JO 4/2019, supplementary publication).

The proprietor must then replenish the account.

For filing with a department of a contracting state

A debit order received by a competent national department of a contracting state during filing is deemed to have been received in time by the EPO if the current account was sufficiently funded at the expiration of the time limit (5.6 RCC, « Regulations on Current Accounts« , JO 4/2019, supplementary publication).

It is possible to use the paper form 1020 only if the filing is made in paper format with that state (5.6 RCC, « Regulations on Current Accounts« , JO 4/2019, supplementary publication).

Revocation of a debit order

A revocation of a debit order is only possible if it is received by the EPO before the order itself (6.2 RCC, « Regulations on Current Accounts« , JO 4/2019, supplementary publication).

Automatic debiting

It is possible to set up automatic debiting from the current account (7 RCC, « Regulations relating to current accounts« , OJ 4/2019, supplementary publication).

In this case, all such official fees are debited automatically as the procedure progresses and are deemed to have been received in due time. It is not possible to limit the automatic debiting order to certain types of official fees (1.5 RPA, « Regulations relating to the automatic debiting procedure« , OJ 4/2019, supplementary publication).

The following official fees, among others, are excluded from the possibility of automatic debiting (4 RPA, « Regulations relating to the automatic debiting procedure« , OJ 4/2019, supplementary publication):

• all official fees due by a party who is neither the applicant nor the proprietor (e.g., opponent, confirmed by T71/21),
• the conversion fee (A135(3) EPC and A140 EPC),
• the fee for fixing costs (R88(3) EPC),
• the fee for preservation of evidence (R123(3) EPC),
• the official fee for issuing a technical opinion (A25 EPC).

If the account balance is insufficient to pay all the official fees due for an application, the current account is not debited (7.1 RPA, « Regulations relating to the automatic debiting procedure« , OJ 4/2019, supplementary publication), and the account holder is then informed of this fact (by fax or email).

Closure

Any account with a zero balance and for which no transaction has occurred during the previous four years is closed ex officio by the EPO (« Decision of the President of the European Patent Office, dated 19 February 2019, amending the Regulations relating to current accounts (RCC)« , OJ 2019, A20). If the balance is positive, the account is instead declared « inactive ».

Furthermore, it is also possible to close a current account by sending a written and signed request to the EPO (this may be by email) (2.2 RCC, « Regulations relating to current accounts« , OJ 4/2019, supplementary publication).

The balance may then be refunded by bank transfer (2.4 RCC, « Regulations relating to current accounts« , OJ 4/2019, supplementary publication).

Payment by credit card

Since 1 December 2017, it has again been possible to pay official fees by credit card (« Decision of the President of the European Patent Office, dated 22 August 2017, on the payment of fees by credit card », OJ 2017, A72), when using the online service (this is not EPOLINE).

The date of payment is the date on which the transaction is approved (« Decision of the President of the European Patent Office, dated 22 August 2017, on the payment of fees by credit card », OJ 2017, A72).

Only AMERICAN EXPRESS, VISA, and MASTERCARD cards are accepted (« Notice from the European Patent Office, dated 22 August 2017, concerning the payment of fees by credit card », OJ 2020, A62).

It is also possible to pay by credit card the official fees relating to the EQE (« Decision of the President of the European Patent Office, dated 16 April 2002, concerning the fees for registration for the European qualifying examination for professional representatives before the European Patent Office, and the appeal fee against decisions of the Examination Board or the Examination Secretariat« , OJ 2002, 309).

Checks

The following are prohibited:

• payments by postal checks since September 1, 2007 (« Important Notice« , JO 2007, 489);
• payments by checks since April 1, 2008 (« Elimination of payment by check« , JO 2007, 626).

Payment by deduction of an official fee to be reimbursed by the EPO

It is normally not possible to pay by « set-off, » as nothing in the EPC authorizes it (Guidelines A-X 2).

However, it is possible to request it in a written petition: the date of this petition is deemed to be the payment date (Guidelines A-X 10.4).

Calculation of the official fee amount

The reference date to be considered for calculating the amount of an official fee is the day of payment (Guidelines A-X 5.1.2) and not the due date of the official fee.

Thus, if your due date falls before a change in the EPO’s fee schedule but you pay afterward, you will have to pay the new amount.

Insufficient payment

Principle

Normally, the consequence of an insufficient payment is that it is not considered valid, and the paid official fees are refunded (RFees 8(1)).

Minor shortfall

Principle

If a minor part of an official fee is not paid, the payment may still be considered valid (RFees 8(1)), provided that the payment is completed, upon invitation, by the missing part of the official fee (this is the EPO’s practice).

If several official fees are to be paid, the total amount must be considered (J11/85).

Case of a debit order

In the case of a debit order, the minor missing part is automatically deducted (T152/82, « Notice concerning debits from a current account« , OJ 1984, 321).

Is minor

10% is often considered a minor part (J11/85).

It has even been considered that the non-payment of 20% of the opposition official fee (believing to benefit from the language reduction under A14(4) EPC) was minor (T290/90).

Is not minor

25% of the total amount due is not minor (J11/85).

Nevertheless, the missing amount must be considered in its context. For example, if a person mistakenly pays an appeal fee at the reduced rate and then invokes a minor shortfall, this would mean that the EPO grants minor reductions… which cannot be logical (T3023/18 or T2620/18).

Other errors during payment

When paying official fees, the proprietor may make a mistake (e.g., forgetting to include the check in the envelope, failing to indicate the current account number, etc.)

According to decision G2/97, the EPO is required to notify a party of any loss of rights where that party may legitimately expect to receive such a notice. This assumes:

• that the EPO can easily identify the irregularity
• and that the user is able to remedy it within the time limit.

Thus, under the principle of good faith, parties may expect the EPO to inform them when a problem exists in connection with their payment (T703/19).

Schedule of official fees applicable to payment

The schedule of official fees applicable is that in force at the time the official fee becomes due and is paid (Guidelines A-X 5.1.2): it is therefore the date of payment that matters.

As previously stated, if the official fee is not due, it is normally refunded automatically (except for the designation official fee as mentioned above, which may be paid upon filing but is only considered valid from the due date, provided that the amount paid corresponds to the amount due at the due date, Guidelines A-X 5.2.2).

Amendment of the schedule and incorrect amount

Most often, when there is an increase in the schedule of official fees, there is a transitional period of 6 months during which an official fee is considered validly paid if (e.g., « Decision of the Administrative Council of 27 October 2011 amending the Rules relating to Fees« , OJ 2011, 616, Art 4(3)):

• the amount paid is that of the old schedule;
• the remaining amount due is paid within 2 months following an invitation from the EPO.

Date on which a payment is deemed to have been made

Principle

A payment is deemed to have been made when the amount of the official fee is effectively credited to a bank account of the Office (RFees 7(1)).

Case of a debit order from a current account

The date of payment is the date of receipt of the order, if the current account is sufficiently funded (5.4 RCC, « Regulations on current accounts« , OJ 4/2019, supplementary publication).

In this case, the payment date is deemed to be the date on which the replenishment was made (5.2 RCC, « Regulations on current accounts« , OJ 4/2019, supplementary publication as amended by the « Decision of the President of the European Patent Office, dated 19 February 2019, amending the Regulations on current accounts (RCC)« , OJ 2019, A20).

Case of an automatic debit from a current account

The payment is deemed to have been made, provided that the current account is sufficiently funded (6 RPA, « Regulations relating to the automatic debit procedure« , JO 4/2019, supplementary publication):

• the last day of the applicable time limit (if the official fee had to be paid within a time limit) ;
• for the examination official fee :
  • on the date of receipt of the declaration of withdrawal,
    • if the applicant has waived the right to receive the invitation to confirm the examination (under R70(2) EPC) ;
  • on the date of receipt of the request,
    • if the applicant has requested accelerated examination under PACE before the expiry of the 6-month time limit from the publication of the EESR (under R70(1) EPC) or the 31-month time limit from the priority (under R159(1) EPC)
• for the grant and publishing official fee :
  • on the date of receipt of the translation of the claims
    • if the translation of the claims is filed before the expiry of the 4-month time limit from the notification referred to in R71(3) EPC.
• for the claims official fees :
  • the last day of the time limit referred to in R162(2) EPC :
    • if these are due upon entry into the national phase ;
  • on the date of receipt of the translation :
    • if these are due upon grant (R71(4) EPC) and when the translation of the relevant claims is filed before the expiry of the 4-month time limit from the notification (as R71 EPC has changed since this version of the RPA, this may no longer apply) ;
• for the official fee for publication of a new specification :
  • on the date of receipt of the translation ;
    • if the translation of the amended claims is filed before the expiry of the 3-month time limit from the notification referred to in R82(2) EPC (limitation or revocation) or R95(3) EPC (opposition).
• for the annual official fees :
  • on the due date :
    • for European applications (R51(1) EPC) and for international applications (R159(1)(g) EPC) ;
  • the last day of the 4-month time limit from the filing referred to in R51(3) EPC ;
    • for newly filed divisional applications ;
  • the last day of the time limit referred to in R51(4)(a) EPC or R51(4)(b) EPC, depending on the applicable time limit ;
    • for European applications for which the applicant has been restored to its rights ;
  • the last day of the period referred to in R51(5) a) EPC or R51(5) b) EPC, depending on the applicable period; 
    • for European applications where the Enlarged Board of Appeal reopens the proceedings before the board of appeal (A112a(5) EPC):
• for further processing official fees:
  • the last day of the period provided for requesting further processing:
    • if the failure to pay an official fee constituted the omitted act;
    • if several acts were omitted by the expiry of the relevant period, including at least one failure to pay an official fee and one failure to perform a procedural act, subject to the performance of the procedural act;
  • on the date of performance of the omitted act:
    • if the failure to perform a procedural act (other than the payment of an official fee) constituted the omitted act,
• for an official fee the non-payment of which constitutes the omitted act:
  • on the same date as for the corresponding further processing official fee (see above);
• for restitutio in integrum, limitation or revocation, appeal, and petition for review official fees:
  • on the date of receipt of the request for restitutio in integrum, limitation or revocation, the appeal, or the petition for review;
• for administration official fees and official fees:
  • on the due date (A4(1) RFTA).

If the proprietor replenishes their account, the payment shall be deemed to have been made on that date (8 RPA, « Regulations relating to the automatic debiting procedure« , OJ 4/2019, supplementary publication).

Transfer deemed made in time

Delay

However, it may happen that a transfer made before a deadline is not considered as validly made in time due to interbank transfer delays.

Deemed paid in time

To avoid any issues, a payment shall be deemed to have been made in time if the following conditions are met (A7(3) RFTA):

• if the transfer was made or ordered from a banking institution in a contracting state;
• if the person who made the payment can provide proof of the two preceding conditions.

It should be noted that previously (before 2020), it was additionally required that the transfer be made 10 days before the date. This is no longer the case.

Procedure

A decision must be requested in this case pursuant to R112(1) EPC, and evidence must then be provided (Guidelines A-X 6.2.6).

The EPO then invites, where applicable, the applicant to pay the additional official fee within a specified period (A7(4) RFTA) (a specified period that must respect a minimum of 2 months, as R132 EPC applies, J7/07).

A121 EPC applies to the specified period (for the applicant) and A122 EPC applies to the specified period (for the proprietor).

Correction of a bank transfer

Unlike a payment order on a current account, a bank transfer cannot be corrected under Rule 139 EPC (J13/21).

Case of payment of an official fee with additional official fee

If an official fee may be paid with an additional official fee within an additional period, the 10-day rule applies to the normal period, but also to the additional period with the additional official fee (Guidelines A-X 6.2.4).

The 10-day rule also applies to the further processing period (Guidelines A-X 6.2.4).

Case of replenishing a current account

The 10-day rule applies, by analogy, to payments made for replenishing a current account. Such payments are deemed effective no later than 10 days after the completion of the necessary acts (Guidelines A-X 6.2.2).

Refund of official fees

Official fees paid without cause

For an official fee to be validly paid, the following is required (Guidelines A-X 10.1.1):

• the official fee relates to a pending procedure;
• the official fee was paid on the due date or later (unless an exception applies).

If the application is not pending (e.g., deemed withdrawn), the official fee is paid without cause and the amount paid is then refunded (Guidelines A-X 10.1.1).

If official fees are paid before the due date and if the cause for payment ceases to exist by that date at the latest, the official fee is paid without cause and the amount paid is then refunded (Guidelines A-X 10.1.1): this may occur, for example, if renewal fees are paid in advance (R51(1) EPC) and the application is withdrawn before the due date.

Official fees not validly paid

If an official fee is not validly paid, it is refunded (Guidelines A-X 10.1.2).

This is the case, in particular (Guidelines A-X 10.1.2):

• if an official fee was paid, but it should have been paid with an additional official fee;
• if an official fee is paid incompletely;
• if an official fee is paid during the period for requesting further processing without the further processing official fee being paid;
• if the restitutio official fee is paid outside the 2-month period for requesting restitutio in integrum (T46/07).

Persons entitled to the refund

The refund of official fees is made to the party concerned or to their representative authorized to receive payments (Guidelines A-X 10.4), and not, as might be assumed, to the person/third party who made the payment.

A direct refund to the person who made the payment is only possible in the following cases (Guidelines A-X 10.4):

• the payment concerned public inspection;
• the purpose of the payment was so unclear that it cannot be linked to a pending procedure.

Refund procedures

If the recipient has a current account, the refund is made to that account (Guidelines A-X 10.3).

Upon written request, the refund may also be made by a payment transfer (to another application) (Guidelines A-X 10.4).

In all other cases, the refund is made by check (Guidelines A-X 10.3).

Refund of insignificant amounts

If the amount to be refunded is insignificant (i.e. less than [montant_epo default= »16 € » name= »Montant insignifiant visé à l’A12 RRT »] , OJ 2020, A17) and if the party does not expressly request a refund, no refund is made (A12 RFees).

Special case of the refund of the search fee

Full refund

The search fee is refunded in full if:

• the application is not transmitted (R37(2) EPC) by a contracting state to the EPO within 14 months from the priority date;
• the application is withdrawn, refused or deemed to be withdrawn before the EPO has started to draw up the search report (A9(1) RFees);
• the application is not accorded a filing date (Guidelines A-II 4.1.4).

The fact that the search has started must be based on clear and transparent evidence (« Notice from the European Patent Office dated 29 January 2013 concerning the adaptation of the system for refunding search and examination fees » , OJ 2013, 153): the date on which the examiner in charge of the search launched the prior art search algorithm is thus recorded in the file for verification purposes.

Full or partial refund

European or supplementary searches

If the search is facilitated by a prior search, part of the search official fee may be refunded (« Decision of the President of the European Patent Office, dated 21 December 2018, on the refund of the search fee under Article 9(2) of the Rules relating to Fees« , OJ 2019, A4).

This refund applies to European searches or supplementary searches (« Decision of the President of the European Patent Office, dated 21 December 2018, on the refund of the search fee under Article 9(2) of the Rules relating to Fees« , OJ 2019, A4):

• and if the prior search was conducted with a written opinion,
  • and if this prior search is a European search for an EP application filed as of 1 July 2005, the refund is:
    • 100 % in case of full reuse or
    • 25 % in case of partial reuse.
  • and if this prior search is a PCT search for a PCT application filed as of 1 January 2004, the refund is:
    • 84 % in case of full reuse or
    • 21 % in case of partial reuse.
  • and if this prior search is a supplementary PCT search, the refund is:
    • 84 % in case of full reuse or
    • 21 % in case of partial reuse.
  • and if this prior search is a national search for BE, CY, FR, GB, GR, IT, LT, LU, LV, MC, MT, NL, SM, TR, the refund is:
    • 84 % in case of full reuse or
    • 21 % in case of partial reuse.
• and if the prior search was conducted without a written opinion,
  • and if this prior search is a European search for an EP application filed before 1 July 2005, the refund is:
    • 70 % in case of full reuse or
    • 17.5 % in case of partial reuse.
  • and if this prior search is a PCT search filed before 1 January 2004, the refund is:
    • 70 % in case of full reuse or
    • 17.5 % in case of partial reuse.
  • and if this prior search is an international-type search, the refund is:
    • 70 % in case of full reuse or
    • 17.5 % in case of partial reuse.
  • and if this prior search is a standard search (the EPO no longer conducts this type of search as of 1 September 2007), the refund is:
    • 70 % in case of full reuse or
    • 17.5 % in case of partial reuse.
  • and if this prior search is a national search for BE, CY, FR, GR, LU, NL, TR, the refund is:
    • 70 % in case of full reuse or
    • 17.5 % in case of partial reuse.

International searches (EPO/ISA)

If the search is facilitated by a prior search carried out by the EPO for the priority application (including a « standard » search requested privately), part of the search official fee may be refunded (R16.3 PCT, « New Agreement between the European Patent Organisation and the International Bureau of the World Intellectual Property Organization concerning the functions of the European Patent Office as International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty« , OJ 2017, A115, Annex C, Part II, point 3 and R9 AIR together with « Decision of the President of the European Patent Office, dated 21 December 2018, on the refund of the international search official fee by the EPO acting as International Searching Authority« , OJ 2019, A5):

• and if the prior search was conducted with a written opinion,
  • and if this prior search is a European search, the refund is:
    • 100 % in case of full reuse or
    • 25 % in case of partial reuse.
  • and if this prior search is a PCT search, the refund is:
    • 100 % in case of full reuse or
    • 25 % in case of partial reuse.
  • and if this prior search is an additional PCT search, the refund is:
    • 100 % in case of full reuse or
    • 25 % in case of partial reuse.
  • and if this prior search is a national search for BE, CY, FR, GB, GR, IT, LT, LU, LV, MC, MT, NL, SM, TR, the refund is:
    • 100 % in case of full reuse or
    • 25 % in case of partial reuse.
• and if the prior search was conducted without a written opinion,
  • and if this prior search is an international-type search, the refund is:
    • 70 % in case of full reuse or
    • 17.5 % in case of partial reuse.

Criterion for full / partial reuse

Normally, a search report will be fully reused if the claims presented (« Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refunding search fees« , JO 2009, 99, point 2.1):

• are identical to the previously searched claims;
• or represent a limitation of the previously searched claims:
  • deletion of claims,
  • deletion of alternative features of a claim,
  • addition of a limitation resulting from the merging of claims.

Normally, a search report will be partially reused if the claims presented (« Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refunding search fees« , JO 2009, 99, point 2.2):

• are broader than the previously searched claims (and constitute a generalization);
• or represent a limitation of the previously searched claims with a feature that was not disclosed in the earlier application (but relates to the same invention).

No refund is due, i.e., the search report will not be reused, when the claimed invention is different (« Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refunding search fees« , JO 2009, 99, point 2.3).

Refund procedure

The refund is made after the communication of the search report, the amount of this refund having been previously communicated to the applicant (« Notice from the European Patent Office dated 9 January 2009 concerning the criteria for refunding search fees« , JO 2009, 99, point 3).

Special case of the refund of the examination fee

Full refund

The examination official fee is refunded in full if:

• the application is not forwarded (R37(2) EPC) by a contracting state to the EPO within a period of 14 months from the priority;
• if the substantive examination has not commenced (A11 a) RFees, the EPO informs of the expected date of commencement of this examination (« Notice from the European Patent Office dated 30 June 2016 concerning the refund of the examination fee (Article 11 of the Rules relating to Fees« , OJ 2016, A49));
• the application is not accorded a filing date (Guidelines A-II 4.1.4) and the request for examination was filed on filing.

The fact that the examination has commenced must be based on clear and transparent elements (« Notice from the European Patent Office dated 29 January 2013 concerning the adaptation of the system for refunding search and examination fees« , OJ 2013, 153): the date of initiation of the document search algorithm under A54(3) EPC by the examiner in charge of the examination is thus recorded in the file for verification purposes.

For reference, if the request for examination is validly filed within the time limits, the Examining Division becomes competent:

• as soon as the EESR is transmitted to the applicant,
  • if the request was filed previously and
  • if the applicant has waived the right of confirmation (R10(4) EPC);
• failing that, upon receipt of the applicant’s confirmation,
  • if the request was filed before transmission of the EESR (R10(3) EPC);
• failing that, upon filing of the request for examination (R10(2) EPC).

Partial refund

If the substantive examination has commenced (A11 b) RFees), the examination official fee:

• is refunded at 50% if the withdrawal occurs:
  • before expiry of the time limit for response to the first communication under A94(3) EPC;
  • or in the case of a direct R71(3) EPC notification, before the day preceding the date of that notification.
• is not refunded in other cases.