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D
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E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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Result of supplementary search and refund of examination fee
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252
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Where the request for examination has been filed before transmittal of the supplementary European search report, which will usually be the case, the EPO invites the applicant as soon as possible after it transmits the supplementary European search report, to indicate whether he desires to proceed further with the application before the EPO, unless he has expressly waived his right to receive such invitation.
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Art. 96(1) EPC
Art. 10b Rfees
GL/EPO C-VI, 1.1.2
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253
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If he does not wish to proceed further, the applicant may withdraw the application or simply refrain from answering the invitation within the two- month time limit set therein. In such a case, where the application is withdrawn or deemed to be withdrawn, the examination fee is refunded in full. However, if at a later stage the applicant decides to stop the prosecution of the application, 75% of the examination fee is refunded provided the examination has not yet commenced. The latter applies also to cases where no supplementary search report is drawn up.
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