Refund of the search fee
Where the EPO can base the ISR on an earlier search that it has performed on an application whose priority is validly claimed for the international application, the search fee paid will be refunded in part or in full depending upon the extent to which the EPO benefits from that earlier search (see point 146).
WIPO PCT Guide 5.073
OJ 2009, 99
OJ 2010, 341
No refund is made for an earlier search that was not carried out by the EPO itself and/or if priority has not been validly claimed (see point 147).

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