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Guidelines for Examination

 
 

9.3.1 Reduction of the search fee for a supplementary European search

The search fee for a supplementary European search report is reduced for PCT applications for which the Patent Office of the USA, Japan, China, Australia, Russia or Korea was the International Searching Authority. In these cases, the supplementary search fee is reduced by a fixed amount (see OJ EPO 2005, 548).

The search fee for a supplementary European search report is also reduced by a fixed amount for PCT applications for which the Patent Office of Austria, Finland, Spain or Sweden or the Nordic Patent Institute was the International Searching Authority or where one of these offices prepared the supplementary international search report (see Decisions of the Administrative Council of 27 October 2011, OJ EPO 2011, 616; and of 25 October 2012, OJ EPO 2012, 584).

It is to be noted that in each case where the requirements for fee reduction are fulfilled the fee reduction is granted only once, i.e. for the supplementary search fee paid under Rule 159(1)(e). The reduction applies independently of whether the first invention in the claims was searched by the ISA in the international phase. The reduction does not apply to any further search fee (to be) paid under Rule 164(1).

PCT applications for which the International Searching Authority was other than the ones mentioned in the paragraphs above do not qualify for any reduction in the supplementary search fee (see OJ EPO 2012, 212).

References

Art. 153(7)