Ancillary Regulations Part I: Article 150 OJ 2005, 463

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

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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 2006, 111: PCT Notice from the President of the European Patent Office dated 1 January 2006 concerning revised amounts of the refund of search fees in the light of the new working agreement with France as from 1 January 2006

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

- OJ 2005, 463 -

By Notice from the President of the EPO dated 30 November 2003¹ concerning refund of search fees, the provisions of Annex C, Part II(3) of the Agreement between the European Patent Organisation and WIPO under the PCT² were amended.

In view of the introduction of the extended European search report as from 1 July 2005 (see OJ EPO 2005, 5 and 435) paragraph 3 case 1 of the Notice of the President of 30 November 2003 is now further amended.

For ease of reference paragraph 3 of that Notice as now revised as well as Annex C Part II(3) of the Agreement are published in full below:

Annex C Part II

(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.

Paragraph 3 of the Notice from the President of the European Patent Office dated 30 November 2003 as now revised reads:

The amounts refundable in such circumstances will be as follows:

Earlier search

Cases

Level of benefit for subsequent search

Amount of refund

(EUR)

(1)

full

960.00

European search

(Art. 78(2) EPC) on an application filed on or after 1 July 2005

partial

240.00

European search

full

690.00

on an application filed before 1 July 2005

partial

172.50

(2)

full

1 550.00

International search

(Art. 15(1) PCT) on an international application filed on or after 1 January 2004

partial

387.50

(3)

full

945.00

- 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 (without written opinion) on a national application made on behalf of a national office (BE, FR, LU, NL, TR)³

partial

236.25

With regard to searches drawn up on European and international patent applications filed on or after 1 July 2005, the Notice from the President of the European Patent Office dated 13 November 2001 concerning refund of search fees⁴ is replaced by the Notice from the President of the European Patent Office dated 1 July 2005 concerning the criteria for refund of search fees, OJ EPO 7/2005,433. In all other respects the Notice from the President of the European Patent Office of 30 November 2003 remains in full force and effect.

______________________

¹	OJ EPO 12/2003, 631.

²	See OJ EPO 12/2001, 601 (609).

³	Currently negotiations on revision of the relevant agreements are taking place between the EPO and the contracting states concerned with a view to the EPO drawing up written opinions accompanying those search reports.

⁴	Referred to in paragraph 4 of the Notice from the President of the European Patent Office of 30 November 2003, OJ EPO 12/2003, 631.