World Intellectual Property Organization

PCT Receiving Office Guidelines

Chapter XI: Fees

Refund of Fees

268. The receiving Office refunds (Form PCT/RO/119) to the applicant, in compliance with Rule 15.4, any amount paid to cover the international filing fee:

(i) if the determination under Article 11(1) is negative (and, therefore, an international filing date cannot be accorded);

(ii) if the international application is withdrawn or considered withdrawn before the record copy has been transmitted to the International Bureau; or

(iii) if, due to prescriptions concerning national security, the international application is not treated as such.

269. The receiving Office refunds (Form PCT/RO/119) to the applicant, in compliance with Rule 16.2, any amount paid to cover the search fee:

(i) if the determination under Article 11(1) is negative (and, therefore, an international filing date cannot be accorded);

(ii) if the international application is withdrawn or considered withdrawn before the search copy has been transmitted to the International Searching Authority (Section 326(c)); or

(iii) if, due to prescriptions concerning national security, the international application is not treated as such.

270. The receiving Office may, before making a refund of the search fee under Rule 16.2, first invite the applicant to submit a request for the refund (Section 322).

271. For refund of the transmittal fee by a non-competent receiving Office, see paragraph 276.

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