having regard to Article 9(2) of the Rules relating to Fees,
has decided as follows:
Article 1 Refundable amounts
Where the European search report or the supplementary European search report is based on an earlier search report prepared by the Office on
the search fee paid for the search on the pending European patent application shall be refunded as follows:
Article 2 Refund level
If the EPO can make full use of the earlier search report, it shall make a full refund as indicated in Article 1.
If the EPO can make partial use of the earlier search report, it shall make a partial refund as indicated in Article 1.
1 Includes international-type searches covered by a specific working agreement. 2 Applies only to search requests in respect of national applications transmitted to the EPO after 1 January 2009.
Article 3 Criteria for refund and refund procedure
The criteria determining the applicable refund level (full or partial use of the earlier search report) and the refund procedure shall be governed by the notice from the European Patent Office dated 9 January 2009 concerning the criteria for refund of search fees (OJ EPO 2009, 99).
Article 4 Entry into force
This decision shall enter into force on 1 April 2009 and shall apply to all European patent applications in respect of which the European or supplementary European search is completed on or after that date.
It replaces the decision of the President of the European Patent Office dated 31 January 2008 (OJ EPO 2008, 126).
Done at Munich, 22 December 2008
Alison Brimelow President
Date retrieved: May 20, 2014