Is it possible to obtain a refund of examination fee, if an applicant withdraws a patent application before examination?

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Prior to The Patent Rules, 2003 as amended by (Amendment) Rules, 2016, it was not possible to obtain a refund of examination fee paid at the Indian Patent Office, irrespective of whether or not the examination has taken place. However, under the amended Rules, an applicant can claim a refund of upto 90% of examination fee, if the applicant withdraws the application before the issuance of the First Examination Report. Also, there is no fee for withdrawing the application.

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