T 1216/23 - The SME reduction as a refund

Key points

• This decision illustrates that if you are unsure if the SME reduction applies, you can pay a fee in full and request a partial refund.
• The Board, in translation, under "On June 26, 2023, the amount of EUR 910.00 was repaid (the difference between the appeal fee paid of EUR 2,925.00 and the appeal fee of EUR 2,015.00 for a complaint filed by a natural person or a person referred to in Rule 6 (4) and (5) EPC is filed)."
• In this case, interlocutory revision was granted. The request for full reimbursement of the appeal fee was forwarded to the Board. 
• The applicant then withdrew the request for reimbursement.
• The appeal proceedings are terminated without a decision and without (further) reimbursement. See T 0683/14. 
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EPO 

The link to the decision is provided after the jump, as well as (an extract of) the decision text.

https://www.epo.org/de/boards-of-appeal/decisions/t231216du1

1. The complaint is admissible.

2. The Examining Division resolved the appeal against the rejection of the application (Article 109(1) EPC) and resumed the examination procedure. However, the case was referred to the Board of Appeal to decide on the refund request since the Examining Division did not accept the request for refund of the appeal fee.

3. Since the application for reimbursement of the appeal fee has been withdrawn, the board cannot make a decision on the appeal, but can only determine that the proceedings have been terminated.

Decision formula



For these reasons it is decided:

The complaint procedure has ended.| |