If the European Patent Office considers that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file, within a period of two months, a statement indicating the subject-matter to be searched.
If the statement under paragraph 1 is not filed in due time, or if it is not sufficient to overcome the deficiency noted under paragraph 1, the European Patent Office shall either issue a reasoned declaration stating that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed or, as far as is practicable, draw up a partial search report. The reasoned declaration or the partial search report shall be considered, for the purposes of subsequent proceedings, as the European search report.
When a partial search report has been drawn up, the Examining Division shall invite the applicant to restrict the claims to the subject-matter searched unless it finds that the objection under paragraph 1 was not justified.
Date retrieved: 02 November 2015
74 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
XGL B VIII 2.1 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body
EPO Guidelines - C Procedureal Aspects of Substantive Examination
XGL C III 3.1.3 Invitation to pay additional search fees under Rule 64 or Rule 164(1) or Rule 164(2) was combined with invitation to restrict the scope of the search under Rule 62a and/or Rule 63
EPO Guidelines - E General Procedural Matters
EPO Guidelines - F The European Patent Application
EPO Guidelines - G Patentability
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO 2014, A70 - Notice from the European Patent Office dated 10 June 2014 concerning amended Rules 164 and 135 EPC
XOJ EPO 2012, 22 - Notice from the European Patent Office dated 13 December 2011 concerning EPO online services
XOJ EPO 2012, 10 - Decision of the President of the European Patent Office dated 13 December 2011 concerning notification by technical means of communication in selected EPO proceedings
XOJ EPO 2009, 533 - Notice from the European Patent Office dated 15 October 2009 concerning amendments to the Implementing Regulations to the European Patent Convention (EPC)
XOJ EPO 2009, 299 - Decision of the Administrative Council of 25 March 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 3/09)
Case Law Book
Case Law Book: IV Divisional Applications
General Case Law
XT 1875/07 Inventive step (no) / Referral to the Enlarged Board of Appeal (no) / Stay of the proceedings (no) / Reimbursement of [..]
XT 2411/10 Implizite AufrechterhaltungserklÃ¤rung der Anmelderin - verneint / ZustÃ¤ndigkeitsÃ¼bergang von der Eingangsstelle auf [..]