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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Refund of the search fee paid for a priority application
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An applicant who is of the opinion that the EPO can base its search entirely or partly on an earlier search report already prepared by the EPO on an application whose priority is validly claimed (Box No. VI of the PCT request form) may obtain a refund of the international search fee paid. The EPO acting as ISA decides whether the requirements are met and, where applicable, refunds the applicable amount (see point 216). Where priority is claimed from an application for which the EPO carried out a search, the continuation section of Box No. VII in the PCT request does not need to be filled out.
Agreement EPO-WIPO Art. 5(2) 
OJ 2010, 304
OJ 2012, 256
WIPO PCT Guide 5.073 
OJ 2009, 99
OJ 2010, 341
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No refund is made for any search other than a search carried out by the EPO on an application from which the right of priority is validly claimed.