We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

1.1.12.8 Refund Due

Date Published

Where a refund may be due, then upon completion of the ISR and ISO examiners are to fill out the template for form PCT/ISA/213 (if a refund is recommended) or PCT/ISA/224 (if a refund is not appropriate). If form PCT/ISA/213 is used, this should be sent to their Supervising Examiner for approval using workflow (see 4.9.6.3 Refund of Fees). If form PCT/ISA/224 is used, before completing the form, the examiner should get email approval from the Supervising Examiner and place a record on the case file. The examiner as the authorised officer can then click SUBMIT to complete the form. 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.

After considering whether the amount of refund is appropriate, the Supervising Examiner is to forward the form PCT/ISA/213 template to the PCT Unit indicating their decision.

Amended Reasons

Amended Reason Date Amended

Update links to legislation

Back to top