PCT AG-IP 7.019 May the applicant protest against payment of the additional fees?

Rule 40.2(c)
and (d)

7.019.   May the applicant protest against payment of the additional fees?  Yes, any applicant may pay the additional fee under protest, that is, accompanied by a reasoned statement to the effect that the international application complies with the requirement of unity of invention or that the number of the required additional fees is excessive.  Any such protest is examined by a review body constituted in the framework of the International Searching Authority, and a decision is taken on it.  To the extent that the applicant’s protest is found to be justified, the additional fee is totally or partly reimbursed.  At the request of the applicant, the texts of both the protest and the decision on it are notified to the designated Offices together with the international search report.

Rule 40.1

7.020.   Where the applicant pays additional fees under protest, the International Searching Authority may also require the applicant to pay a fee for the examination of the protest (“protest fee”).  Details of the protest fee, if any, charged by the International Searching Authorities appear in Annex D.  Where the applicant has not, within one month from the date of the invitation to pay additional fees, paid any required protest fee, the protest shall be considered not to have been made and the International Searching Authority shall so declare.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip07.html

Date retrieved: 24 November 2017

2 references found.

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PCT Implementing Rules

PCT Applicant's Guide - International Phase