ADMINISTRATIVE COUNCIL
Decisions of the Administrative Council
Decision of the Administrative Council of 14 June 1996 concerning the reduction of the fees for the international search and preliminary examination carried out on international applications in favour of nationals of certain states
THE ADMINISTRATIVE COUNCIL OF THE EUROPEAN PATENT ORGANISATION,
Having regard to the European Patent Convention, and in particular Article 33, paragraph 2(d), thereof,
Having regard to the Rules relating to Fees,
On a proposal from the President of the European Patent Office,
Having regard to the opinion of the Budget and Finance Committee,
HAS DECIDED AS FOLLOWS:
Article 1
(1) The fees for the international search and preliminary examination carried out on international applications under Article 2, items 2 and 19, of the Rules relating to Fees shall be reduced by 75% if the international applications are filed by nationals of a state which fulfils the requirements for the corresponding reduction of fees payable to the International Bureau of WIPO (decision of PCT Assembly, 25 September to 3 October 1995).
(2) The decision of the Administrative Council of 15 December 19941 concerning the reduction of the fees specified in paragraph 1 in favour of nationals of Albania, Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia and of members of the Commonwealth of Independent States (CIS) shall remain unaffected.
Article 2
"National" of a state referred to in Article 1, paragraph 1, shall mean
(a) any natural person possessing the nationality of the state concerned under its law;
(b) any legal person established in accordance with the law of that state, having its principal place of business in one of the states referred to in Article 1, paragraph 1, and in which natural or legal persons who are not nationals of, or who have their residence or principal place of business outside, one of the states referred to in Article 1, paragraph 1, have neither a direct nor an indirect holding.
Article 3
The fee reduction shall be granted at the applicant's request. Where there is more than one applicant, the reduction shall be granted only if all the applicants are nationals of a state referred to in Article 1, paragraph 1. When making the request, the applicant must declare that he fulfils the requirements of Article 2. The authority to which the fee is payable shall decide on the request.
Article 4
This decision shall enter into force on 1 July 1996 and shall replace the decision of the Administrative Council of 9 December 1983, as amended on 8 June 19842, concerning the reduction of fees for the international search and preliminary examination of an international application in favour of nationals of developing countries.
Done at Berlin, 14 June 1996
For the Administrative Council
The Chairman
Julián ÁLVAREZ ÁLVAREZ