INTERNATIONAL TREATIES
PCT
Notice from the President of the European Patent Office dated 17 February 2006 concerning revised amounts of the refund of search fees by the EPO acting as International Searching Authority in the light of the adjustment of fees and prices as from 1 April 2006
I. By Notice from the President of the EPO dated 30 November 20031 concerning refund of search fees, the public was informed of the amendment to the provisions of Annex C, Part II(3) of the Agreement between the European Patent Organisation and WIPO under the PCT2. Section 3 of this Notice was modified on 1 July 20053 in view of the introduction of the extended European search report and on 1 January 20064 in view of the revised working agreement on prior-art searches for national applications between the European Patent Organisation and France.
Section 3 of the Notice from the President dated 30 November 2003 is now further amended in view of the adjustment of fees and prices with effect from 1 April 2006.5
II. Section 3 of the Notice from the President of the European Patent Office dated 30 November 2003 as hereby revised and applicable as from 1 April 2006, now reads:
The amounts refundable in such circumstances will be as follows:
Earlier search Cases | Level of benefit for subsequent search | Amount of refund (EUR) |
|---|---|---|
(1) and |
|
|
|
full |
960.00 |
|
full |
1 000.00 |
(1.2) European search (Art. 78 (2) EPC) on an application filed and |
|
|
|
full |
690.00 |
|
full |
720.00 |
(2) and |
|
|
|
full |
1 550.00 |
|
full |
1 615.00 |
(2.2) Search with written opinion on a national application made on behalf of a national office (FR, NL6, TR6) and |
|
|
|
full |
1 550.00 |
|
full |
1 615.00 |
(3) and |
|
|
|
full |
945.00 |
|
full |
985.00 |
(3.2) Search without written opinion on a national application made on behalf of a national office (BE, FR, LU, NL, TR) and |
|
|
|
full |
945.00 |
|
full |
985.00 246.25 |
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.
III. The Notice from the President of the European Patent Office of 30 November 2003 as revised by the present Notice remains in full force and effect. An exception applies with regard to search reports drawn up on international patent applications filed on or after 1 July 2005, to the extent that for these international applications Section 4 of the Notice from the President of the European Patent Office of 30 November 2003 is replaced by the Notice from the President of the European Patent Office dated 1 July 2005 concerning the criteria for refund of search fees.7
2 OJ EPO 2001, 601 (609).
4 See Decision of the Administrative Council of 15 December 2005 amending the Rules relating to Fees, OJ EPO 2006, 8, and Decision of the President of the European Patent Office of 17 February 2006 revising the Office's fees and costs, OJ EPO 2006, 255.
6 Only for national applications filed as from 1 July 2006.