If the applicant has claimed the right of priority of one or more earlier applications, he must on entry into the European phase file the results of any search carried out by or on behalf of the office of first filing (OFF) for each application whose priority is claimed. This obligation applies to international applications filed as from 1 January 2011.
The obligation applies irrespective of the form and format in which the search results are drawn up, for instance a search report, a listing of cited prior art or a (relevant) part of an examination report. The applicant must file a complete copy of each relevant document as received from the authority concerned. However, neither a translation of the search results nor a copy of the documents cited therein need be filed at this stage.
No action is required on the part of the applicant where an exemption applies. Firstly, this is the case if the EPO is the authority that performed the search on a claimed priority application and established a search report of one of the following types: a European search report, an ISR, an international-type search report or a search report on a national application drawn up on behalf of a national office (Belgium, Cyprus, France, Greece, Italy, Latvia (as of 1 October 2016), Lithuania, Luxembourg, Malta, Monaco (as of 1 April 2017), Netherlands, San Marino, Turkey).
the Republic of Korea
the United Kingdom
the United States of America.
If the search results regarding any claimed priority application have to be filed with the EPO but are not received, the applicant will be invited to file, within a period of two months set in the invitation, the copy of the missing search results and/or a statement that these results are (in whole or in part) not available to him. The invitation will be issued at the time the examining division assumes responsibility for the application.
Date retrieved: 30 December 2018
10 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 Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
Offical Journal of the EPO
XOJ EPO 2017, A94 - Decision of the President of the European Patent Office dated 17 November 2017 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ EPO 2016, A18 - Decision of the President of the European Patent Office dated 10 February 2016 exempting applicants claiming the priority of a first filing made in Spain from filing a copy of the search results under Rule 141(1) EPC – [..]