T 2948/18 - No search declaration

Key points

• In this examination appeal, the EPO as ISA had issued a "no search" declaration instead of a search report, because the application would be directed to a business method. The application is refused by the examining division.
• The applicant requests reimbursement of the appeal fee. 
• “ Since neither the PCT nor the EPC contains any provision allowing the EPO, as designated Office, to reimburse the international search fee, the Board is not competent to decide on the appellant's request, which therefore cannot be allowed”
• The claims are also not allowable and the appeal is dismissed. 

EPO T 2948/18 - link

3. Request for reimbursement of the search fee

3.1 At the oral proceedings, the appellant also requested reimbursement of the search fee.

The only search fee that was paid for the present application is the international search fee, paid under Rule 16.1(a) and (b) PCT to the International Bureau of WIPO as receiving Office and for the benefit of the EPO acting, under Article 154 EPC 1973 (corresponding to Article 152 EPC), as an International Searching Authority within the meaning of the PCT.

3.2 The present appeal lies from a decision of the Examining Division. The Examining Division is the department of the EPO, in these proceedings a designated Office under Article 153(1)(a) EPC, which is responsible for the examination of the Euro-PCT application corresponding to the international application (Article 153(2) EPC). In such proceedings, the provisions of the PCT and its Regulations are to be applied, supplemented by the provisions of the EPC (Article 150(2) EPC).

3.3 Since neither the PCT nor the EPC contains any provision allowing the EPO, as designated Office, to reimburse the international search fee, the Board is not competent to decide on the appellant's request, which therefore cannot be allowed (see also decision T 506/08 of 16 August 2012, reasons 13).