The search fee for a European or supplementary European search is refunded in cases provided for in Art. 9 RFees and in the Decision of the President of the EPO dated 17 November 2017, OJ EPO 2017, A94 , which applies to European patent applications in respect of which the European or supplementary European search is completed on or after 1 December 2017. Details on criteria for refund of search fees are given in the Notice from the EPO dated 9 January 2009, OJ EPO 2009, 99, according to which the search division will determine the level of refund to be applied. In the event of disagreement, the applicant may request an appealable decision (Art. 106(2)), the issuing of which falls within the competence of the Receiving Section where the examining division has not yet assumed responsibility for the application (Rule 10) (see B‑XI, 2).[Art. 9 RFees; Rule 10 EPC; ]
For the purposes of Art. 9(1) RFees, the date of the start of the search is indicated in the public part of the dossier and is thus open to file inspection in the European Patent Register after publication of the patent application (see also B‑IV, 1). Before publication, the EPO will provide the applicant with the relevant information upon request, or this information can be accessed electronically via the My Files service.
Date retrieved: 30 December 2018
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EPC Implementing Rules
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ EPO 2017, A94 - Decision of the President of the European Patent Office dated 17 November 2017 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees