GL B III 3.4 Abandonment of claims

For European applications, claims that are deemed to have been abandoned for non-payment of fees must be excluded from the search. The claims which have actually been taken into account for the purposes of the search are identified in the search report. This applies both to searches to be carried out in respect of directly-filed European applications and to supplementary European searches to be carried out in respect of Euro-PCT applications entering the European phase (see B‑II, 4.3).[Rule 45(3); Rule 162(4); ]

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EPC Implementing Rules

EPO Guidelines - B Search