Ancillary Regulations Part I: Article 157(3) OJ 1994, 691

Article 157(3) OJ 1994, 691: PCT Fee reduction by certain designated/elected Offices where the EPO has acted as ISA or IPEA

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Table of Contents

Foreword

Ancillary Regulations

Part I

Article 157(3)

Article 158(2) PCT Gazette 14/1986, 2367

Article 157(3) OJ 1994, 691: PCT Fee reduction by certain designated/elected Offices where the EPO has acted as ISA or IPEA

Article 157(3) OJ 2005, 435: Notice from the European Patent Office dated 1 July 2005 concerning new Rule 44a EPC (introduction of the extended European search report), amendments to Articles 2 and 10 RFees and reduction of the search fee for supplementary European search reports under Article 157(3)(b) EPC

Article 167 OJ 1987, 426: Expiry of the reservations by Austria under Article 167 EPC

Article 157(3) - OJ 1994, 691

PCT
Fee reduction by certain designated/elected Offices where the EPO
has acted as ISA or IPEA¹

- OJ 1994, 691 -

The European Patent Office has recently been notified that the Chinese Patent Office will allow a 20% reduction of the examination fee where an international search report has been drawn up by the EPO. Below is a summary of those Offices which allow a reduction of the fees payable in respect of international applications entering the national/regional phase under Article 22 PCT or Article 39 PCT where the EPO has acted as ISA or IPEA.

1. EPO

No supplementary search is performed and no search fee is payable when the EPO, the Austrian Patent Office or the Swedish Patent Office has acted as ISA.

A supplementary European search is performed at a 20% reduction as against the normal European search fee, where an international search report has been drawn up by the Australian Patent Office, the Chinese Patent Office, the Japanese Patent Office, the Russian Patent Office or the United States Patent and Trademark Office.

The examination fee is reduced by 50% where an international preliminary examination report has been performed by the EPO.

2. Japanese Patent Office

The Japanese Patent Office allows a reduction of the "fee for request for examination" where an international search report from the EPO (or from any of the other ISA's) is available. The reduced fee is currently JPY67400² plus JPYen 22002 per claim, i.e. approximately a 20% reduction against the full fee.

3. The United States Patent and Trademark Office

The United States Patent and Trademark Office allows a reduction of the basic national fee from USD 9502 to USD 8302 when an international search report has been drawn up by the EPO. A further 50% reduction is available for applications filed by "small entities". For the definition of small entity, see PCT Applicant's Guide, Volume II, Annex US V.

4. Chinese Patent Office

The Chinese Patent Office allows a 20% reduction of the examination fee where an international search report from the EPO is available.

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¹	For details of fee reductions by the National Offices and the applicable conditions, see PCT Applicant's Guide, Volume II

²	Any changes are published in the PCT Gazette, part IV.