INTERNATIONAL TREATIES
PCT
Notice from the President of the European Patent Office dated 30 November 2003 concerning refund of search fees
1. The provisions set out in Annex C, Part II(3) of the Agreement between the European Patent Organisation and WIPO under the PCT1, governing the refund of international search fees where the international search can be based on an earlier search report drawn up by the EPO, have been amended with effect from 1 January 2004 in view of the extended tasks entrusted to the EPO as International Searching Authority as from that date2.
2. As from 1 January 2004, these provisions will read as follows:
"(3) Where the Authority benefits from 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 and depending upon the extent to which the Authority benefits from the earlier search in carrying out the international search and any other task entrusted to it, the search fee paid shall be refunded to the extent provided for in a communication from the Authority to the International Bureau and published in the Gazette."
The levels of refund will no longer be expressed as percentages but as specific amounts which reflect the extent to which the EPO, when carrying out the international search, benefits from an "earlier search" it has already performed.
3. The amounts refundable in such circumstances will be as follows:
Earlier search | Level of benefit | Amount of refund |
|---|---|---|
(1) European search (Art. 78(2) EPC) |
full partial |
690.00 172.50 |
(2) International search (Art. 15(1) PCT) on an international application filed on or after 1 January 2004 |
full partial |
1 550.00 387.50 |
(3)
|
full partial |
945.00 236.25 |
If the EPO can base its search report wholly on the earlier search, it either refunds in full the fee paid for that search (table cases 1 and 2) or - where that would be an inappropriate result (table cases 3) - refunds the international search fee in the amounts applicable hitherto.
If the EPO can base its search partly on the earlier search, it makes a 25% refund in accordance with the same principles.
4. The criteria determining the refund rate (100% or 25%) applicable are as laid down in points 2 and 3 of the Notice dated 13 December 20013. The refund procedure likewise remains unchanged.
5. This Notice applies to all international patent applications filed on or after 1 January 2004.
1 For the version currently in force, see OJ EPO 2001, 601 (609)
2 See OJ EPO 2003, 574.
3 See OJ EPO 2002, 56.