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Decision of the President of the European Patent Office dated 1 July 2005 concerning the refund of search fees under Article 10(2)of the Rules relating to Fees
The President of the European Patent Office, having regard to Article 10(2) of the Rules relating to Fees, has decided as follows:
1. 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 EPC, or
- an original application within the meaning of Rule 15 EPC,
the refund shall be as follows:
| Earlier search | Level of benefit for the subsequent search | Amount of refund in EUR |
| (1) European search (Art. 78(2) EPC) on an application | ||
| (a) filed on or after 1 July 2005, | full partial |
960.00 240.00 |
| (b) filed before 1 July 2005 | full partial |
690.00 172.50 |
| (2) international search (Art. 15(1) PCT) | full partial |
945.00 236.25 |
| (3) international-type search (Art. 15(5) PCT) |
full partial |
945.00 236.25 |
| (4) standard search | full partial |
690.00 172.50 |
| (5) search (without written opinion) on a national application made on behalf of a national office (BE, FR, LU, NL, TR) 1 | full partial |
690.00 172.50 |
If the EPO can base its search report wholly on the earlier search, it either refunds in full the fee paid for that search (table cases 1 and 3) or - where that would be inappropriate (table cases 2, 4 and 5) - refunds the European search fee in the amounts applicable hitherto.
If the EPO can base its search partly on the earlier search, it makes a 25% refund in accordance with the same principles.
2. The criteria determining the applicable refund rate (full or partial) and the refund procedure shall be governed by the Notice from the President of the European Patent Office dated 1 July 2005 concerning the criteria for refund of search fees (OJ EPO 7/2005, 433).
3. This Decision applies to all European patent applications and international patent applications entering the European phase, filed on or after 1 July 2005
1 Currently negotiations on revision of the relevant agreements are taking place between the EPO and the contracting states concerned with a view to the EPO drawing up written opinions accompanying those search reports.