Where it is held that the application and/or the invention to which it relates does not satisfy the requirements of the EPC, then corresponding objections are raised in the search opinion.
The search opinion covers, as a general rule, all objections to the application (but see B‑XI, 3.4). These objections may relate to substantive matters (e.g. the subject-matter of the application is not patentable) or to formal matters (e.g. failure to comply with one or more of the requirements specified in Rules 41 to Rule 43, Rule 46 and Rule 48 to Rule 50) or to both.
Where claims relating to a method of treatment of the human or animal body or methods of diagnosis practiced on the human or animal body have been searched because their reformulation into an allowable format can be envisaged at the time of the search (see B‑VIII, 2), the search opinion will, nonetheless, object to these claims as relating to subject-matter which is excluded from patentability.[Art. 53(c); ]
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/b_xi_3.htm
Date retrieved: 17 May 2021
24 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
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