PCT International Search and Preliminary Examination Guidelines
PART VIII CLERICAL AND ADMINISTRATIVE PROCEDURES
Chapter 22 Clerical and Administrative Procedures
22.42 The International Preliminary Examining Authority calculates the amounts of the prescribed preliminary examination fee and handling fee. It also determines whether the fees have been paid and it notifies the applicant of any underpayment or overpayment (optionally using Form PCT/IPEA/403).
22.43 The amount of the handling fee, which is collected for the benefit of the International Bureau, is as set out in the Schedule of Fees. The amount of the preliminary examination fee, if any, is fixed by the International Preliminary Examining Authority.
22.44 The handling fee and the preliminary examination fee are payable within one month from the date on which the demand was submitted or 22 months from the priority date, whichever time limit expires later. Where the demand was transmitted to the International Preliminary Examining Authority under Rule 59.3, these fees are payable within one month from the date of actual receipt of the demand by that Authority or 22 months from the priority date, whichever time limit expires later. Where the International Preliminary Examining Authority decides to start the international preliminary examination at the same time as the international search, that Authority will invite the applicant to pay the handling fee and the preliminary examination fee within one month from the date of the invitation. The amount payable is the amount applicable on that date of payment. If, before the date on which those fees are due, the International Preliminary Examining Authority finds that no fees have been paid to it or that the amount paid to it is insufficient to cover them, it may invite the applicant to pay to it any missing amount (optionally using Form PCT/IPEA/403).
Rules 58bis.1(a), (c), 58bis.2
22.45 Where, by the time the handling and preliminary examination fees are due, the International Preliminary Examining Authority finds that no fees were paid to it, or that the amount paid to it is insufficient to cover them, it invites the applicant to pay to it any missing amount, together with, where applicable, a late payment fee, as provided under Rule 58bis.2, within a time limit of one month from the date of the invitation (using Form PCT/IPEA/440). A copy of that invitation is sent to the International Bureau. However, if any payment is received by the International Preliminary Examining Authority before such invitation has been sent, that payment is considered to have been received before the expiration of the time limit referred to in paragraph 22.44.
22.46 If a late payment fee is charged, its amount is 50% of the amount of unpaid fees which is specified in the invitation, or, if the amount so calculated is less than the handling fee, an amount equal to the handling fee may be charged. The amount of the late payment fee must in no case exceed double the amount of the handling fee.
22.47 Where the International Preliminary Examining Authority has sent an invitation under Rule 58bis.1(a) and the applicant has not, within the time limit of one month from the date of the invitation, paid in full the amount due, including, where applicable, the late payment fee, the International Preliminary Examining Authority declares that the demand is considered as if it had not been submitted, using Form PCT/IPEA/407. If the amount due is received before the demand is declared not to have been submitted, payment is considered to have been received before the expiration of the time limit referred to above and the International Preliminary Examining Authority does not declare that the demand is considered as if it had not been submitted.
22.48 The International Preliminary Examining Authority refunds the handling fee to the applicant if the demand is either withdrawn before it has been sent to the International Bureau or considered not to have been submitted because none of the applicants has the right to make a demand.