PCT AG-IP 5.197 In what cases are fees refunded?

Rule 15.4

5.197.   In what cases are fees refunded?  There is no rule under the PCT concerning the possibility of asking for a refund of the transmittal fee.  The search fee and the international filing fee are refunded where, due to prescriptions concerning national security, the international application is not treated as such, or where the receiving Office refuses to accord an international filing date to the international application under Article 11(1).  Such refusal occurs, generally speaking, where the international application is defective in certain respects (see paragraph 6.005).  The receiving Office will also refund the international filing fee or the search fee to the applicant if the international application is withdrawn or considered withdrawn before the transmittal of the record copy to the International Bureau or the transmittal of the search copy to the International Searching Authority, as the case may be.

Rule 16.3

5.198.   Most International Searching Authorities will refund part or all of the search fee if the international application is withdrawn or considered withdrawn after transmittal of the search copy but before the start of the international search (see Annex D). Where the International Searching Authority must, under Rule 41.1(i), or may, under Rule 41.1(ii), take into account the results of the earlier search when carrying out the international search (see also paragraph 5.073), in accordance with Rule 16.3, the International Searching Authority must refund the search fee to the extent and under the conditions provided for in the agreement under Article 16(3)(b). International Searching Authorities are free to decide the extent and conditions for such search fee reductions.

5.199.   For refunds or reductions of fees in the national phase, see National Phase, paragraph 4.007 and National Chapters (Summaries).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 02 November 2015

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