Ancillary Regulations Part III: Article 10(2) RRF OJ 2006, 83

Article 10(2) RRF OJ 2006, 83: Decision of the President of the European Patent Office dated 1 January 2006 concerning the refund of search fees under Article 10(2)of the Rules relating to Fees

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Table of Contents

Foreword

Ancillary Regulations

Part III

Article 10(2) RRF

Article 10c RRF OJ 2001, 521: Decision of the President of the European Patent Office dated 6 September 2001 implementing the Rules relating to Fees and amending the Arrangements for deposit accounts and their annexes

Article 10(2) RRF OJ 2006, 83: Decision of the President of the European Patent Office dated 1 January 2006 concerning the refund of search fees under Article 10(2)of the Rules relating to Fees

Article 10(2) RRF OJ 2002, 56: Notice from the President of the European Patent Office dated 13 December 2001 concerning refund of search fees

Article 10(2) RRF OJ 2005, 433: Notice from the President of the European Patent Office dated 1 July 2005 concerning the criteria for refund of search fees

Article 10(2) RRF - OJ 2006, 83

Decision of the President of the European Patent Office dated 1 January 2006 concerning the refund of search fees under Article 10(2)of the Rules relating to Fees¹

- OJ 2006, 83 -

The President of the European Patent Office, having regard to Article 10(2) of the Rules relating to Fees, has decided as follows:

1. Where the European search report is based on an earlier search report prepared by the Office on

- an application whose priority is claimed, or

- an earlier application within the meaning of Article 76 EPC, or

- an original application within the meaning of Rule 15 EPC, the refund shall be as follows:

Earlier search

Level of benefit for the subsequent search

Amount of refund in EUR

(1) European search (Art. 78(2) EPC) on an application

(a) filed on or after 1 July 2005,

full

partial

960.00

240.00

(b) filed before 1 July 2005

full

partial

690.00

172.50

(2) International search (Art. 15(1) PCT)

full

partial

945.00

236.25

(3) International search (Art. 15(5) PCT)

full

partial

945.00

236.25

(4) Standard search

full

partial

690.00

172.50

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

full

partial

690.00

172.50

(6) Search with written opinion on a national application made on behalf of a national office (FR)

full

partial

810,00

202,50

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 3) or - where that would be inappropriate (table cases 2, 4 and 5) - refunds the European 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.

2. The criteria determining the applicable refund rate (full or partial) and the refund procedure shall be governed 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 2005, 433).

3. This Decision applies to all European patent applications and international patent applications entering the European phase, filed on or after 1 July 2005.

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¹	Re-publication of the decision of the President dated 1 July 2005 ( OJ EPO 2005, 431) as amended with regard to the refund in the case that the earlier search was a search with written opinion on a French patent application (see table case 6).