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

an application whose priority is claimed, or an earlier application within the meaning of Article 76 EPC, or an original application within the meaning of Rule 17 EPC,

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.

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.

If the EPO can make partial use of the earlier search report, it shall make a partial refund as indicated in Article 1.

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 July 2010 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 22 December 2008 (OJ EPO 2009, 96).

Done at Munich, 24 March 2010

Alison BRIMELOW President

References: articl9;