INFORMATION FROM THE EPO
Decisions of the President of the EPO
Decision of the President of the European Patent Office dated 17 February 2006 concerning the refund of search fees under Article 10(2) of the Rules relating to Fees1
The President of the European Patent Office,
HAVING REGARD to Article 10(2) of the Rules relating to Fees,
HAVING REGARD to the adjustment of fees and prices as of 1 April 2006,
has decided as follows:
I. Where the European search report is based on an earlier search report prepared by the Office on
- an application whose priority is claimed, or
- an earlier application within the meaning of Article 76 EPC, or
- an original application within the meaning of Rule 15 EPC,
the refund shall be as follows:
Earlier search | Level of benefit for the subsequent search | Amount of refund in EUR |
|---|---|---|
1. European search (Art. 78(2) EPC) on an application |
|
|
1.1 filed on or after 1 July 2005, and |
|
|
1.1.1. search fee paid before 1 April 2006 |
full |
960.00 |
1.1.2. search fee paid on or after 1 April 2006 |
full |
1000.00 |
1.2. filed before 1 July 2005, and |
|
|
1.2.1. search fee paid before 1 April 2006 |
full |
690.00 |
1.2.2 search fee paid on or after 1 April 2006 |
full |
720.00 |
2. International search (Art. 15(1) PCT), and |
|
|
2.1. search fee paid before 1 April 2006 |
full |
945.00 |
2.2. search fee paid on or after 1 April 2006 |
full |
985.00 |
3. International-type search (Art. 15(5) PCT), and |
|
|
3.1. search fee paid before 1 April 2006 |
full |
945.00 |
3.2. search fee paid on or after 1 April 2006 |
full |
985.00 |
4. Standard search (Art. 15(5) PCT), and |
|
|
4.1. search fee paid before 1 April 2006 |
full |
690.00 |
4.2. search fee paid on or after 1 April 2006 |
full |
720.00 |
5. Search without written opinion on a national application made on behalf of a national office (BE, FR, LU, NL, TR), and |
|
|
5.1. search fee for the European application paid before 1 April 2006 |
full |
690.00 |
5.2. search fee for the European application paid on or after 1 April 2006 |
full |
720.00 |
6. Search with written opinion on a national application made on behalf of a national office (FR, NL2, TR2), and |
|
|
6.1. search fee for the European application paid before 1 April 2006 |
full |
810.00 |
6.2. search fee for the European application paid on or after 1 April 2006 |
full |
845.00 |
If the EPO can base its search report wholly on the earlier search, the amounts of a full refund indicated above apply.
If the EPO can base its search partly on the earlier search, the amounts of a partial refund indicated above apply.
II. The criteria determining the applicable refund rate (full or partial) and the refund procedure shall be governed by the Notice from the President of the European Patent Office dated 1 July 2005 concerning the criteria for refund of search fees (OJ EPO 2005, 433).
III. This Decision enters into force on 1 April 2006 and applies to all European patent applications and international patent applications entering the European phase, filed on or after 1 July 2005.
1 The present decision updates the decision of the President dated 1 January 2006 ( OJ EPO 2006, 83). The latter has been supplemented by the addition of those refund cases resulting from the fee adjustment as of 1 April 2006 (see the Decision of the Administrative Council dated 15 December 2005, OJ EPO 2006, 8, and the Decision of the President of the EPO dated 17 February 2006 revising the Office's fees and costs, OJ EPO 2006, 255).
2 Only for national applications filed as from 1 July 2006.