The dossier will normally be allocated to an examining division responsible for the examination of applications in the technical field in which the particular application has been classified by the search division or ISA which carried out the search. It is usual for the primary examiner entrusted with the examination of the application in accordance with Art. 18(2) to be the same person who prepared the (supplementary) European search report and search opinion or, where the EPO was the ISA or the authority specified for the supplementary international search, the international search report and WO-ISA or the supplementary international search report.
There may, however, be instances where it is appropriate to allocate the application to an examining division comprising examiners who are not normally responsible for the indicated part of the IPC and who might not have been involved at the search stage. There are a number of possible reasons for this: e.g. to make it possible, where appropriate, that an original and a divisional application are dealt with by the same examining division (this could sometimes be more efficient even when the two applications are classified in different technical fields); or if the classification of the published application does not correspond to the subject-matter of the application in the form in which it reaches the substantive examiner (e.g. because the application has been amended after receipt of the search report and search opinion).
Date retrieved: 30 December 2018