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The European Patent Convention

 
 

Article 9
Refund of search fees

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fee paid for a European or supplementary European search shall be fully refunded if the European patent application is withdrawn or refused or deemed to be withdrawn at a time when the Office has not yet begun to draw up the search report. 
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.
 
[ 24 ] See notice from the EPO dated 29.01.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) and 11(b) of the Rules relating to Fees) following decisions J 25/10 and J 9/10 of the Legal Board of Appeal (OJ EPO 2013, 153).
[ 25 ] See decision of the President of the EPO on the refund of search fees dated 21 February 2014 (OJ EPO 2014, A29), 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 21 February 2014 concerning the refund of the international search fee by the EPO acting as International Searching Authority (OJ EPO 2014, A30).