R.15 PCT The International Filing Fee

15.1       The International Filing Fee

Each international application shall be subject to the payment of a fee for the benefit of the International Bureau (“international filing fee”) to be collected by the receiving Office.

15.2       Amount;  Transfer

(a)  The amount of the international filing fee is as set out in the Schedule of Fees.

(b)  The international filing fee shall be payable in the currency or one of the currencies prescribed by the receiving Office (“prescribed currency”).

(c)  Where the prescribed currency is the Swiss franc, the receiving Office shall transfer the said fee to the International Bureau in Swiss francs in accordance with Rule 96.2.

(d)  Where the prescribed currency is a currency other than the Swiss franc and that currency:

(i)  is freely convertible into Swiss francs, the Director General shall establish, for each receiving Office which prescribes such a currency for the payment of the international filing fee, an equivalent amount of that fee in the prescribed currency according to directives given by the Assembly, and the amount in that currency shall be transferred by the receiving Office to the International Bureau in accordance with Rule 96.2;

(ii)  is not freely convertible into Swiss francs, the receiving Office shall be responsible for the conversion of the international filing fee from the prescribed currency into Swiss francs and shall transfer that fee in Swiss francs, in the amount set out in the Schedule of Fees, to the International Bureau in accordance with Rule 96.2.  Alternatively, if the receiving Office so wishes, it may convert the international filing fee from the prescribed currency into euros or US dollars and transfer the equivalent amount of that fee in euros or US dollars, as established by the Director General according to directives given by the Assembly as referred to in item (i), to the International Bureau in accordance with Rule 96.2.

15.3       Time Limit for Payment; Amount Payable

The international filing fee shall be paid to the receiving Office within one month from the date of receipt of the international application. The amount payable shall be the amount applicable on that date of receipt.

15.4       Refund

The receiving Office shall refund the international filing fee to the applicant:

(i)  if the determination under Article 11(1) is negative,

(ii)  if, before the transmittal of the record copy to the International Bureau, the international application is withdrawn or considered withdrawn, or

(iii)  if, due to prescriptions concerning national security, the international application is not treated as such.

Source: http://www.wipo.int/pct/en/texts/articles/r15.htm

Date retrieved: 17 May 2021

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