2.21.001If the search for the international application is based entirely or partly on an earlier search report already prepared by the EPO on an application whose priority is validly claimed (Box No. VI of the PCT request form), the applicant may obtain a refund of the international search fee. The EPO acting as ISA decides whether the requirements are met and, where applicable, refunds the applicable amount (see point 3.1.027).32 Where priority is claimed from an application for which the EPO carried out a search, the continuation section of Box No. VII in the PCT request does not need to be filled in.
R. 4.12 PCT, R. 16.3 PCT, R. 41 PCT
Art. 9(2) RFees
Agreement EPO-WIPO Art. 5(2)
OJ 2009, 99
OJ 2017, A115
OJ 2019, A5, A82
GL/EPO A‑X, 10.2.3
WIPO PCT Guide 5.073
2.21.002No refund is made for any search other than a search carried out by the EPO on an application from which the right of priority is validly claimed.
32 New refund procedures entered into force at the EPO on 1 April 2019 and became mandatory as of 1 October 2019; see OJ 2019, A82.