9.2 Refund of the (additional) international search fee
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  7. 9. Refund of fees
  8. 9.2 Refund of the (additional) international search fee
  9. 9.2.1 Examples of refunds
  10. 9.2.1.2 Partial refund
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9.2.1 Examples of refunds

Overview

9.2.1.2 Partial refund 

The "partial refund" level applies where the EPO can make partial use of the earlier search report for drawing up the international search report.

This occurs, in particular, where

(a)the claims of the later application are broader than those of the earlier application and this broadening represents a further generalisation of the same invention as that searched in the earlier application, or 

(b)the claims of the later application are limited with respect to those of the earlier application, due to a limiting feature not disclosed in the earlier application but relating to the same invention as that searched in the earlier application. 

The international search fee is refunded as follows:

– 25% in the case of an earlier search with written opinion; 

– 17.5% in the case of an earlier search without a written opinion. 

OJ EPO 2009, 99, 2.2

OJ EPO 2023, A5

OJ EPO 2024, A7

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