In the following cases, the international search report, the declaration issued instead of the search report under Art. 17(2)(a), or the incomplete or partial search report will indicate whether the subject of the search was restricted and which claims have or have not been searched:[GL/ISPE 16.19; GL/ISPE 16.28; 16.32; ]
In case (ii), the following situations may occur:
In case (a), the reasons for not carrying out the search should be indicated in the declaration.
In case (b), a limitation of the search will not always be indicated in the ISR. Rather, the extent of the search as well as the reasons for the restriction will in many cases only be indicated in the WO‑ISA. See GL/PCT‑EPO B‑VIII, 3.5, for details of whether an indication under Art. 17 should be made in the ISR or only in the WO‑ISA.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/b_x_8.htm
Date retrieved: 17 May 2021
12 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO PCT GL - B Search
XGL-PCT B VIII 3.5 The content of the WO‑ISA after an invitation for informal clarification and/or in case of a restriction of the search
EPO PCT GL - C Procedureal Aspects Chapter II
XGL-PCT C IV 4.1 Submissions prompted by a restriction of the search or a declaration that no search is possible