The results of the search will be recorded in a search report. A number of different possible limitations of the scope of the search report exist. These are:
The search reports of types (i) - (iii), (and (v) (insofar as only (i) - (iii) apply) are transmitted to the applicant, published and serve as a basis for the examination by the examining division. A partial search report according to Rule 64(1) (case (iv) above), however, is only transmitted to the applicant, but is made available for inspection in the public part of the examination file according to Art. 128(4).
Subject to the exceptions mentioned in B‑XI, 7, European search reports and supplementary European search reports are accompanied by a search opinion, where the search division gives an opinion on whether the application and the invention to which it relates seem to satisfy the requirements of the EPC (see B‑XI, 1.1). Together, the European search report or supplementary European search report and the search opinion constitute the extended European search report (EESR).[Rule 62(1); ]
The search division is responsible for drawing up the European search report. It is also responsible for drafting international search reports and search reports on behalf of the industrial property offices of certain contracting states (see B‑X, 2 and B‑II, 4.4 to B-II, 4.6).
This chapter contains the information which is necessary to enable the search division to correctly prepare the search report.
Date retrieved: 30 December 2018