Ancillary Regulations Part I: Article 150 OJ 2003, 631

Article 150 OJ 2003, 631: PCT Notice from the President of the European Patent Office dated 30 November 2003 concerning refund of search fees

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Table of Contents

Foreword

Ancillary Regulations

Part I

Article 150

Article 149 OJ 1980, 407: Treaty between the Swiss Confederation and the Principality of Liechtenstein on Patent Protection (Patent Treaty) of 22 December 1978

Article 150 OJ 2003, 631: PCT Notice from the President of the European Patent Office dated 30 November 2003 concerning refund of search fees

Article 150 OJ 2004, 305: PCT EPO discontinues its rationalised international preliminary examination procedure (OJ EPO 2001, 539)

Article 150 OJ 2005, 463: PCT Notice from the President of the European Patent Office dated 1 July 2005 concerning revised amounts of the refund of search fees in the light of the introduction of the extended European search report as from 1 July 2005

Article 150 - OJ 2003, 631

PCT
Notice from the President of the European Patent Office dated 30 November 2003 concerning refund of search fees

- OJ 2003, 631 -

1. The provisions set out in Annex C, Part II(3) of the Agreement between the European Patent Organisation and WIPO under the PCT¹, governing the refund of international search fees where the international search can be based on an earlier search report drawn up by the EPO, have been amended with effect from 1 January 2004 in view of the extended tasks entrusted to the EPO as International Searching Authority as from that date².

2. As from 1 January 2004, these provisions will read as follows:

"(3) Where the Authority benefits from an earlier search (including a privately commissioned "standard" search) already made by the Authority on an application whose priority is claimed for the international application and depending upon the extent to which the Authority benefits from the earlier search in carrying out the international search and any other task entrusted to it, the search fee paid shall be refunded to the extent provided for in a communication from the Authority to the International Bureau and published in the Gazette."

The levels of refund will no longer be expressed as percentages but as specific amounts which reflect the extent to which the EPO, when carrying out the international search, benefits from an "earlier search" it has already performed.

3. The amounts refundable in such circumstances will be as follows:

Earlier search

Cases

Level of benefit

Amount of refund

EUR

(1)

European search (Art. 78(2) EPC)

full

partial

690.00

172.50

(2)

International search (Art. 15(1) PCT)

on an international application filed on or after 1 January 2004

full

partial

1 550.00

387.50

(3)

- International search (Art. 15(1) PCT) on an international application filed before 1 January 2004

- International-type search (Art. 15(5) PCT)

- Standard search

- Search on behalf of a national office (BE, FR, LU, NL, TR)

full

partial

945.00

236.25

If the EPO can base its search report wholly on the earlier search, it either refunds in full the

fee paid for that search (table cases 1 and 2) or - where that would be an inappropriate result (table cases 3) - refunds the international search fee in the amounts applicable hitherto.

If the EPO can base its search partly on the earlier search, it makes a 25% refund in accordance with the same principles.

4. The criteria determining the refund rate (100% or 25%) applicable are as laid down in points 2 and 3 of the Notice dated 13 December 2001³. The refund procedure likewise remains unchanged.

5. This Notice applies to all international patent applications filed on or after 1 January 2004.

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¹	For the version currently in force, see OJ EPO 2001, 601 (609)

²	See OJ EPO 2003, 574.

³	OJ EPO 2002, 56.