9.2 Refund of the (additional) international search fee 

The international search fee is refunded where

– no international filing date can be accorded; or 

– the international application is withdrawn or considered withdrawn before its transmittal to the ISA; or 

– the international application is withdrawn or considered withdrawn before the start of the international search; or 

– the EPO benefits from the results of an earlier search it has already carried out on an application whose priority is claimed for the international application can base the ISR partly or entirely on an earlier search that it has performed on an application whose priority is validly claimed for the international application. The (additional) search fee paid will be refunded in part or in full, depending upon the extent to which the EPO benefits from thatthe earlier search (see also B‑IV, 1.1A‑III, 9.2.1). This applies mutatis mutandis to any additional search fee paid.

The EPO acting as ISA decides whether the requirements are met and, where applicable, refunds the applicable amount. No refund is made for any search other than a search carried out by the EPO on an earlier application from which the right of priority is validly claimed.

The EPO acting as ISA decides whether the requirements for the refund are met. No refund is made for an earlier search that the EPO did not carry out itself.

The cases referred to below are intended to illustrate the most common situations: