Rules relating to Fees
(1)27 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fee paid for a European or supplementary European search shall be fully refunded if the European patent application is withdrawn or refused or deemed to be withdrawn at a time when the Office has not yet begun to draw up the search report.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)28 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.
27See notice from the EPO of 29.01.2013 concerning adjustments to the system for search and examination fee refunds (Articles 9(1) of the Rules relating to Fees and Article 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).
28See decision of the President of the EPO of 17.01.2023 15.01.2024 on the refund of search fees concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees (OJ EPO 2023, A4OJ EPO 2024, A6) and notice from the EPO of 09.01.2009 concerning the criteria for the refund of search fees (OJ EPO 2009, 99), as well as decision of the President of the EPO of 17.01.2023 15.01.2024 concerning the refund of the international search fee by the EPO acting as International Searching Authority (OJ EPO 2023, A5OJ EPO 2024, A7).