R.58 PCT The Preliminary Examination Fee

58.1 Right to Ask for a Fee

(a) Each International Preliminary Examining Authority may require that the applicant pay a fee ("preliminary examination fee") for its own benefit for carrying out the international preliminary examination and for performing all other tasks entrusted to International Preliminary Examining Authorities under the Treaty and these Regulations.

(b) The amount of the preliminary examination fee, if any, shall be fixed by the International Preliminary Examining Authority. As to the time limit for payment of the preliminary examination fee and the amount payable, the provisions of Rule 57.3 relating to the handling fee shall apply mutatis mutandis.

(c) The preliminary examination fee shall be payable directly to the International Preliminary Examining Authority. Where that Authority is a national Office, it shall be payable in the currency prescribed by that Office, and where the Authority is an intergovernmental organization, it shall be payable in the currency of the State in which the intergovernmental organization is located or in any other currency which is freely convertible into the currency of the said State.

58.2 [Deleted]

58.3 Refund

The International Preliminary Examining Authorities shall inform the International Bureau of the extent, if any, to which, and the conditions, if any, under which, they will refund any amount paid as a preliminary examination fee where the demand is considered as if it had not been submitted, and the International Bureau shall promptly publish such information.

Source: http://www.wipo.int/pct/en/texts/articles/r58.htm

Date retrieved: 17 May 2021

39 references found.

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EPC Rules relating to Fees

X A. 2 Rfees EPC Fees provided for in the Convention and in the Implementing Regulations

EPO PCT GL - A Formalities Examination

X GL-PCT A III 7.2 Preliminary examination fee

X GL-PCT A III 9.7 Refund of the preliminary examination fee

EPO PCT GL - C Procedureal Aspects Chapter II

X GL-PCT C II 8 Basis for international preliminary examination

X GL-PCT C II 11 Payment and refund of fees

X GL-PCT C IX 1 Withdrawal of demand under Chapter II

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

X GA C4.1.16 4.1.16.

X GA C4.1.16.4 4.1.16.4

PCT Implementing Rules

X R.57 PCT The Handling Fee

X R.58bis PCT Extension of Time Limits for Payment of Fees

Offical Journal of the EPO

X OJ EPO SE 3/2020, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2020, A68 - Agreement between the EPO and WIPO under the PCT – Annex D

X OJ EPO 2020, A35 - PCT - Agreement between the EPO and WIPO under the PCT – Annex D

X OJ EPO 2020, A33 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2020 [ 1 ]

X OJ EPO 2020, A3 - Decision of the Administrative Council of 12 December 2019 amending Articles 2 and 7 of the Rules relating to Fees ( CA/D 12/19 )

X OJ EPO SE 4/2019, p32 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure

X OJ EPO SE 4/2019, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]

X OJ EPO SE 3/2019, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2019, A46 - Decision of the President of the European Patent Office dated 22 May 2019 amending Annex A.1 to the ADA – Arrangements for the automatic debiting procedure (AAD) and Annex A.2 to the ADA – Information from the EPO concerning [..]

X OJ EPO 2019, A29 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2019 [ 1 ]

X OJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2018, A35 - Agreement between the EPO and WIPO under the PCT – Annex D

X OJ EPO 2018, A32 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2018 [ 1 ]

X OJ EPO 2018, A4 - Decision of the Administrative Council of 13 December 2017 amending Articles 2 and 14 of the Rules relating to Fees (CA/D 17/17)

X OJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure

X OJ EPO SE 5/2017, p22 - Annex A.1 to the ADA - Arrangements for the automatic debiting procedure (AAD) [ 1 ]

X OJ EPO 2017, A115 - New agreement between the European Patent Organisation and the International Bureau of the World Intellectual Property Organization in relation to the functioning of the European Patent Office as an International Searching [..]

X OJ EPO SE 2/2016, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2016, A26 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2016 [ 1 ]

X OJ EPO 2016, A3 - Decision of the Administrative Council of 16 December 2015 amending Article 2 of the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international or [..]

X OJ EPO SE 3/2015, p35 - Annex A.2 to the ADA

X OJ EPO SE 3/2015, p17 - Annex A.1 to the ADA

X OJ EPO SE 3/2014, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]

X OJ EPO 2014, A40 - PCT Agreement between the EPO and WIPO under the PCT

X OJ EPO 2014, A37 - Guidance for the payment of fees, expenses and prices applicable as from 1 April 2014 [ 1 ]

X OJ EPO 2014, A5 - Decision of the Administrative Council of 13 December 2013 amending Article 2 of the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international or [..]

X OJ EPO 2011, 616 - Decision of the Administrative Council of 27 October 2011 amending the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international or supple- [..]

X OJ EPO 2009, 587 - Decision of the Administrative Council of 28 October 2009 amending the Rules relating to Fees and adjusting the amount of the reduction in the fee for the supplementary European search where the international search report [..]

General Case Law

X J 0024/99 (Jurisdiction of the Boards of Appeal) of 22.3.2001