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The European Patent Convention

 
 
Table of Contents - The European Patent Convention
Rules relating to Fees
Article 9 Refund of search fees
Article 9
Refund of search fees 
(1)
The search fee paid for a European or supplementary European search shall be fully refunded if the European patent application is withdrawn or refused or deemed to be withdrawn at a time when the Office has not yet begun to draw up the search report.
(2)[22]
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 of the Convention or of Rule 17 of the Convention, the Office shall refund to the applicant, in accordance with a decision of its President, an amount which shall depend on the type of earlier search and the extent to which the Office benefits from the earlier search report when carrying out the subsequent search.
 
[22] See decision of the President of the EPO on the refund of search fees dated 24.03.2010 (OJ EPO 2010, 338), and the notice from the EPO dated 09.01.2009 concerning the criteria for the refund of search fees (OJ EPO 2009, 99), as well as the decision of the President of the EPO dated 24.03.2010 concerning the refund of the international search fee by the EPO acting as International Searching Authority (OJ EPO 2010, 341).