INTERNATIONAL TREATIES
PCT
Agreement between the EPO and WIPO under the PCT
Pursuant to Article 11(3)(ii) of the agreement dated 7 October 1987 between the EPO and WIPO under the PCT1, Annex C, Part I, of the agreement has been revised with effect from 1 October 1992 as follows:
Annex C: Fees and Charges for International Search and Preliminary Examination
Part I: Schedule of fees and charges
Kind of fee or charge | Amount |
|---|---|
DEM Search fee (Rule 16.1(a)) |
2 400 |
Additional fee (Rule 40.2(a)) |
2 400 |
Preliminary examination fee (Rule 58.1(b)) |
3 000 |
Additional fee (Rule 68.3(a)) |
3 000 |
Protest fee (Rules 40.2(e) and 68.3(e)) |
2 000 |
Cost of copies (Rules 44.3(b), 71.2(b) and 94.1) |
1.30 |
|
per page |
The complete text of the annexes to the agreement between the EPO and WIPO, comprising the above amendments and also those amendments agreed between the President of the EPO and the Director General of WIPO effective from 1 October 19882, is published below.
Annex A
Languages
Under Article 3 of the Agreement, the Authority specifies the following languages: English, French, German and, where the receiving Office is the industrial property office of Belgium or the Netherlands, Dutch.
Annex B
Subject-matter not excluded from search or examination
The subject-matter set forth in Rule 39.1 or Rule 67.1, which under Article 4 of the Agreement is not excluded from search or examination, is the following:
All subject-matter searched or examined under the European patent grant procedure in application of the equivalent provisions of the Convention.
Annex C
Fees and charges for international search and preliminary examination
Part I: Schedule of fees and charges
Kind of fee or charge | Amount |
|---|---|
Search fee (Rule 16.1.(a)) |
2 400* |
Additional fee (Rule 40.2.(a)) |
2 400* |
Preliminary examination fee (Rule 58.1.(b)) |
3 000* |
Additional fee (Rule 68.3.(a)) |
3 000* |
Protest fee (Rules 40.2.(e) and 68.3.(e)) |
2 000* |
Cost of copies (Rules 44.3.(b), 71.2.(b) and 94.1) |
1.30 |
|
per page |
Part II: Conditions and extent of refunds of the search fee and of the preliminary examination fee
(1) Any amount paid by mistake, without cause, or in excess of the amount due, for fees indicated in Part I shall be refunded.
(2) Where the international application is withdrawn or is considered withdrawn, under Article 14(1), (3) or (4), before the start of the international search, the amount of the search fee paid shall, upon request, be fully refunded.
(3) Where the international search report is based on an earlier search (including a privately commissioned "standard" search) already made by the Authority on an application whose priority is claimed for the international application, the following refund of the search fee shall be made:
(i) no supplementary search performed: refund of 100%;
(ii) supplementary search performed in the documentation relating to one or more subdivisions consulted in the earlier search or extended to one or more subdivisions not yet consulted: refund of 75%;
(iii) supplementary search performed in the documentation relating to one or more subdivisions already consulted and extended to one or more subdivisions not yet consulted: refund of 50%;
(iv) supplementary search performed in the documentation relating to subdivisions concerning a new aspect of the invention claimed (for instance, cases where the international application is based on several earlier applications only one of which was the subject of an earlier search report): refund of 25%.
(4) In the cases provided for under Rule 58.3, 100% of the amount of the preliminary examination fee shall be refunded.
(5) Where the international application or the demand is withdrawn before the start of the international preliminary examination, 75% of the amount of the preliminary examination fee paid shall be refunded.
* For nationals of developing countries, this fee shall be reduced by three-quarters under the conditions specified in the Decision of the Administrative Council of 9 December 1983 as amended on 8 June 1984 (see OJ EPO 1984, 3 and 297, and PCT Gazette No. 25/1984, p. 3097).