having regard to the Agreement under the PCT between the European Patent Organisation and the International Bureau of WIPO which entered into force on 13 December 2007, and in particular Article 5(2)(i) and Annex C, Part II(3) thereof,

has decided as follows:

Article 1 Refundable amounts

Where the international search report drawn up by the Office acting as Inter- national Searching Authority is based on an earlier search report prepared by the Office on an application whose priority is claimed for the international application, the international search fee paid for the pending international 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 July 2010 and shall apply to all inter- national applications in respect of which the international 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, 114).

Done at Munich, 24 March 2010

Alison BRIMELOW President

References: articl9;