9.2.1 Examples of refunds where the ISR is based on earlier search
9.2.1.3 No refund
No refund is due
(a)where the subject-matter claimed in the later application represents an invention different from that searched in the earlier application, or
(b)the legal requirements for a refund are not fulfilled, for example where the priority of the earlier application is not validly claimed.
OJ EPO 2009, 99, 2.3
OJ EPO 2024, A7