9.2
Refund of the (additional) international search fee 

The international search fee is refunded where

Rule 16.2 and 16.3
Rule 41
OJ EPO 2017, A95OJ EPO 2019, A5
OJ EPO 2009, 99
PCT AG I 5.073
Agreement EPO-WIPO, Annex D-II,
OJ EPO 2017, A115
OJ EPO 2018, A35

– 
no date of filing can be accorded; or 
– 
the international application is withdrawn or considered withdrawn before its transmittal to the ISA; or 
– 
the international application is withdrawn or considered withdrawn before the start of the international search; or
– 
the EPO can base the ISR partly or entirely on an earlier search that it has performed on an application whose priority is validly claimed for the international application. The (additional) search fee paid will be refunded in part or in full depending upon the extent to which the EPO benefits from the earlier search. See also GL/PCT-EPO B‑IV, 1.1.

The EPO acting as ISA decides whether the requirements are met and, where applicable, refunds the applicable amount. No refund is made for any search other than a search carried out by the EPO on an earlier application from which the right of priority is validly claimed.

The cases referred to below are intended to illustrate the most common situations:

Quick Navigation