Protest procedure

100 Where an additional fee for international search has been paid under protest, a review panel will examine free of charge whether the invitation to pay these fees was justified and inform applicants of the result of this examination.

R. 40.2(e) PCT OJ 2005, 226

If the review panel during this prior review finds that the invitation was not justified and allows the protest, the additional fees paid will be refunded. If the protest fee has already been paid, it will also be refunded.

If the review panel finds that the invitation was entirely justified, it will inform the applicant accordingly and invite him to pay the protest fee within one month, if he wishes the protest to be referred to the board of appeal for decision.

If the result of the review is that the invitation was partly justified, the corresponding additional fee(s) will be refunded. If the protest fee has already been paid, the protest will be referred to the board of appeal unless the applicant indicates within one month of the notification that he does not wish to continue the protest procedure. If the protest fee has not yet been paid, he will be invited to pay it within one month of the date of notification of the result of the review.