PART IX – IMPLEMENTING REGULATIONS TO PART X OF THE CONVENTION
Rule 105 150
The European Patent Office as an International Searching Authority or International Preliminary Examining Authority
|
A revised version of the European Patent Convention entered into force on 13 December 2007. The provisions of the revised Convention apply unless the transitional provisions provide for the applicability of the EPC 1973. |
(1) In the case of Article 17, paragraph 3(a), of the Cooperation Treaty, an additional fee equal to the amount of the search fee shall be payable for each further invention for which an international search is to be carried out.
(2) In the case of Article 34, paragraph 3(a), of the Cooperation Treaty, an additional fee equal to the amount of the preliminary examination fee shall be payable for each further invention for which the international preliminary examination is to be carried out.
(3) 151 Without prejudice to Rules 40.2(e) and 68.3(e) of the Regulations under the Cooperation Treaty, where an additional fee has been paid under protest, the European Patent Office shall review whether the invitation to pay the additional fee was justified and, if it does not so find, shall refund the additional fee. If the European Patent Office after such a review considers the invitation to be justified, it shall inform the applicant accordingly and shall invite him to pay a fee for the examination of the protest ("protest fee"). If the protest fee is paid in due time, the protest shall be referred to the Board of Appeal for a decision.
150Inserted by decision of the Administrative Council of 20.10.1977 which entered into force on 01.02.1978 (OJ EPO 1978, 12 ff). The number of this rule was changed by decision of the Administrative Council of 13.10.1999 which entered into force on 01.03.2000
(OJ EPO 1999, 660 ff).
151Inserted by decision of the Administrative Council of 05.06.1992 which entered into force on 01.10.1992 (OJ EPO 1992, 342 f).