Refunding of the search fee
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76
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Where the EPO can base the ISR on an earlier search it has already performed on an application whose priority is claimed for the international application, the search fee paid will be refunded in part or in full depending on the extent to which the EPO benefits from that earlier search. This means that the amount of the refund is based on the price of the earlier search. If the applicant wishes the EPO as ISA to base the ISR on an earlier search, the applicant must so request (Box No. VII PCT request form).
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R. 4.11(a),16.3, 41.1 PCT
OJ 2002, 56
OJ 2003, 631
OJ 2005, 433, 463
WIPO PCT Guide 102
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The criteria determining the applicable refund rate are laid down in the Notice from the President of the EPO dated 13 December 2001 for all international applications filed up to 1 July 2005. For international applications filed on or after that date, the criteria laid down in the Notice from the President of the EPO dated 1 July 2005 apply. In all other respects the Notice dated 30 November 2003 remains in full force.
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77
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If an international application filed on or after 1 January 2004 is searched by the EPO as ISA, the amount of an earlier search fee paid to be refunded is, at 1 December 2005, as set out in OJ 2005, 431.
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