Protest procedure

A protest may be filed by an applicant if he does not agree with the invitation to pay an additional fee following a decision on lack of unity of invention taken during the international phase of the PCT [either during the international search performed by the International Searching Authority (ISA) or the international preliminary examination performed by the IPEA].

Protest board

The competence for examining a protest lies exclusively with the review body, the Protest Board, in accordance with Rule 40.2(c) to (e) or Rule 68.3(c) to (e) of the PCT, subject to payment of a protest fee.

The Protest Board is responsible for deciding on protests against the payment of an additional fee for international search or international preliminary examination.

The Protest Board of the Visegrad Patent Institute as an International Authority is a board consisting of technical examiners from the Visegrad Patent Institute and is headed by a protest manager.

Fee

When filing a protest the applicant must pay a protest fee to the Visegrad Patent Institute. 

Filing

A protest shall be filed directly with the the National Branch Office of the Visegrad Patent Institute.