The "partial refund" level applies where the EPO can make partial use of the earlier search report for drawing up the international search report.[
OJ EPO 2019, A5; ]
This occurs, in particular, where
(a)the claims of the later application are broader than those of the earlier application and this broadening represents a further generalisation of the same invention as that searched in the earlier application, or (b)the claims of the later application are limited with respect to those of the earlier application, due to a limiting feature not disclosed in the earlier application but relating to the same invention as that searched in the earlier application. 3 references found.
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EPO PCT GL - A Formalities Examination
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Offical Journal of the EPO
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