1.1.12.8 Refund Due

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.