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Epo refuses to perform IPER because ISR (epo is not ISA) was not carried out because of lack of disclosure by ISA. Epo also did not considered amendment according article 34 of pct and arguments. Is there any procedure to get an IPER or refund of payment of IPER?

Thanks helps and let me know if you need more detail about case?

P.S: please see https://www.epo.org/en/legal/guide-europct/2023/ga_c4_2_9.html

Best regards

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3 Answers 3

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I have never dealt with Chapter II but it is well known that the EPO will not refund ISA fees if it decided the subject matter claimed is outside the scope EPO considers patentable.

I would think this is the same situation.

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In such a case, refund is possible and you need to file a simple request for refund. EPO will consider that the examination has not yet started and will refund the fee in full.

Thank you for your help.

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I have never worked on Chapter II, but which office was the ISA? EPO will only act as an IPEA if they or another european patent office was the ISA. See 3.1.012 https://www.epo.org/en/legal/guide-europct/2023/ga_c3_1_3_4.html

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