Administrative Instructions under the Patent Cooperation Treaty

Section 510
Refund of Search Fee in Case of Withdrawal of International Application

(a)  Where the international application is withdrawn or is considered withdrawn before the International Searching Authority has started the international search, that Authority shall, subject to paragraphs (b) and (c), refund the search fee to the applicant.

(b)  If the refund referred to in paragraph (a) is not compatible with the national law of the national Office acting as International Searching Authority and as long as it continues to be not compatible with that law, the International Searching Authority may abstain from refunding the search fee.

(c)  The International Searching Authority may, before making a refund under paragraph (a), first invite the applicant to submit a request for the refund.