INTERNATIONAL TREATIES
PCT
Decision of the President of the European Patent Office dated 31 January 2008 concerning the refund of search fees by the EPO acting as International Searching Authority
The President of the European Patent Office,
having regard to the new Agreement between the European Patent Organisation and the International Bureau of WIPO under the PCT that entered into force on 13 December 20071, and in particular Article 5(2)(i) and Annex C, Part II(3) thereof,
having regard to the adjustment of fees and prices with effect from 1 April 20082,
has decided as follows:
Article 1
Refundable amounts
Where the Office acting as International Searching Authority benefits from an earlier search (including a privately commissioned "standard" search3) already made by the Office on an application whose priority is claimed for the international application, the refund shall be as follows:
Earlier search / Cases / Level of benefit for the subsequent search / Amount of refund in EUR | ||
|---|---|---|
1. 1.1. European search (Art. 78(2) EPC) on an application filed on or after 1 July 2005 and |
|
|
1.1.1. search fee paid before 1 April 2006 |
full partial |
960,00 240,00 |
1.1.2. search fee paid between 1 April 2006 and 31 March 2008 |
full partial |
1 000,00 250,00 |
1.1.3. search fee paid on or after 1 April 2008 |
full partial |
1050,00 262,50 |
1.2. European search (Art. 78(2) EPC) on an application filed before 1 July 2005 and |
|
|
1.2.1. search fee paid before 1 April 2006 |
full partial |
690,00 172,50 |
1.2.2. search fee paid between 1 April 2006 and 31 March 2008 |
full partial |
720,00 180,00 |
1.2.3. search fee paid on or after 1 April 2008 |
full partial |
760,00 190,00 |
2. 2.1. International search (Art. 15(1) PCT) on an international application filed on or after 1 January 2004 and |
|
|
2.1.1. search fee paid before 1 April 2006 |
full partial |
1 550,00 387,50 |
2.1.2. search fee paid between 1 April 2006 and 31 March 2008 |
full partial |
1 615,00 403,75 |
2.1.3. search fee paid on or after 1 April 2008 |
full partial |
1 700,00 425,00 |
2.2. Search with written opinion on a national application made on behalf of a national office (BE, FR, LU, NL, TR), and |
|
|
2.2.1. search fee for the international application paid before 1 April 2006 |
full partial |
1 550,00 387,50 |
2.2.2. search fee for the international application paid between 1 April 2006 and 31 March 2008 |
full partial |
1 615,00 403,75 |
2.2.3. search fee for the international application paid on or after 1 April 2008 |
full partial |
1 700,00 425,00 |
3. 3.1.
|
|
|
|
|
|
|
|
|
and |
|
|
3.1.1. search fee paid before 1 April 2006 |
full partial |
945,00 236,25 |
3.1.2. search fee paid between 1 April 2006 and 31 March 2008 |
full partial |
985,00 246,25 |
3.1.3. search fee paid on or after 1 April 2008 |
full partial |
1 035,00 258,75 |
3.2.
|
|
|
3.2.1. search fee for the international application paid before 1 April 2006 |
full partial |
945,00 236,25 |
3.2.2. search fee for the international application paid between 1 April 2006 and 31 March 2008 |
full partial |
985,00 246,25 |
3.3.3. search fee for the international application paid on or after 1 April 2008 |
full partial |
1 035,00 258,75 |
Article 2
Refund rate
If the EPO can base its search report wholly on the earlier search, the amounts of a full refund mentioned in Article 1 apply.
If the EPO can base its search partly on the earlier search, the amounts of a partial refund mentioned in Article 1 apply.
Article 3
Criteria for refund and refund procedure
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 31 January 2008 concerning the criteria for refund of search fees by the EPO acting as International Searching Authority (OJ EPO 2008, 200).
Article 4
Entry into force
This Decision shall enter into force on 1 April 2008.
The present Decision replaces the Notice from the President dated 30 November 2003 (OJ EPO 2003, 631) as last amended by the Notice from the President dated 14 July 2007 (OJ EPO 2007, Special Edition No. 3, N.3.).
Done at Munich, 31 January 2008
Alison Brimelow
President
2 See Decision of the Administrative Council of 14 December 2007 amending the Rules relating to Fees, OJ EPO 2008, 5, and the Decision of the President of the European Patent Office dated 31 January 2008 revising the Office's fees and expenses, OJ EPO 2008, 202.
3 As from 1 September 2007 the EPO has ceased to perform standard and special searches, OJ EPO 2007, 477.
4 See footnote 3.