6.1.12.8 Refund Due

Also in this Chapter:

• 6.1.12.1 Background Search Report and Notification Form Completion
• 6.1.12.2 Applicant Details
• 6.1.12.3 General Details
• 6.1.12.4 Fields Searched
• 6.1.12.5 Documents Considered to be Relevant
• 6.1.12.6 Family Member Identification
• 6.1.12.7 Date of Actual Completion of the Search​​​​​​​
• 6.1.12.9 Contents of Case File at Completion

Key Legislation:

Patents Regulations:

• Schedule 7 Fees

Related Chapters:

• Annex S

Where a refund may be due, then upon completion of the ISR and ISO examiners are to fill out the respective forms, either PCT/ISA/213 (if a refund is recommended) or PCT/ISA/224 (if a refund is not appropriate). See RIO for Patents Manual (Create Correspondence task).

Upon completing either form, it will be sent to the Supervising Examiner for approval as they are the ‘Authorising officer'. Approval should be obtained from the Supervising Examiner no later than 1 week prior to the 9 week date for establishment of the ISR and ISO.

Examiners should refer to Annex S – Refund of Search Fees which sets out the circumstances in which a refund may be due.  To assist their Supervising Examiner, examiners may refer to these circumstances in a brief file note as to the extent of the search in light of the earlier search, and as to the quantum of refund accordingly recommended.

Note:  All refunds are to be stated in Australian dollar amounts only.  For the search fee amount, see Patent Regulations, Schedule 7, Part 3 item 302.