If an applicant, following a communication from the search division, has paid a further search fee but the examining division, at the applicant's request, has found that there was no justification for charging the further search fee, the latter will be repaid. The same principle applies if the applicant has paid a search fee on the basis of an invitation by the examining division in accordance with Rule 164(2) (see C‑III, 2.3). In such case the examining division will, on request, review the justification for charging the search fee in its invitation under Rule 164(2) (see C‑III, 3.3).[Rule 64(2); Rule 164(5); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/a_x_10_2_2.htm
Date retrieved: 17 May 2021