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[smgsmc]

I use the EPO as the International Searching Authority on PCT applications.  Lately they've become greedy, issuing a steady stream of Invitation to Pay Additional Fees.  I just got one that they say requires 4 additional searches.

Question:  Anyone have experience submitting a protest?  Do you get a fair review?  Or is it pretty much a given that you will lose because they want the extra euros in their coffers?

[bartmans]

Filing a protest can be successful (I have had that lucky experience a couple of times now).
You will get a fair review and even - in the last case I experienced a couple of weeks ago - the EPO recognized that they wrongly made the lack of unity decision and - even without the protest being officially dealt with - sent a new search report.

You can file a protest by paying at least one extra search fee and, of course, the protest fee.
If your protest is successful both the pais extra search fee(s) and the protest fee will be reimbursed.

Regards

[smgsmc]

Thanks very much.  Follow-up questions.  The due date for submitting the additional fees is 1 month from the date of mailing of the invitation.

(1)  Is the due date rigidly enforced or can you pay the equivalent of an extension fee to buy time (I know the EPO has this subtle distinction between "non extendable" due date but "eligible for further processing" for some responses, which means effectively pay a fee and you get more time)?

(2)  If you pay the protest fee, do the arguments ("reasoned statement") need to be submitted at that time, or can it be submitted after (if so, what is the time allotted).

The point is that the due date is 1 week away and I'm tied up with another urgent case, so I don't have time to prepare detailed arguments for a protest.

I didn't find any answers in the PCT rules.

[smgsmc]

Never mind.  I contacted the EPO.  There is no extension available, and the reasoned statement needs to be filed together with the payment.

[bartmans]

That is correct: no extension possible.
Also beware that the PCT, even if the EPO acts as Receiving/Elected Office, or as ISA or IPEA, does not know the 10-day rule, thus the mentioned due date is indeed the final date for paying the fee and/or filing the protest.

Regards.