For unsearched subject-matter, no written opinion is established under PCT Chapter I and no examination is carried out under PCT Chapter II. Furthermore, there is no possibility to appeal the decision of the ISA (see GL/PCT‑EPO C‑IV, 4.1), so that even if the applicant were to succeed in convincing the examiner under Chapter II that the decision not to search certain subject-matter was incorrect, this has no consequences. However, in the European procedure the examining division must review the decision of the search division (examiner) and take a final decision. This implies that in the European phase for the Euro-PCT application the examiner might have to reverse the decision of the ISA and perform a complete search (either because of the arguments filed or because of the claims having been redrafted so that a search can now be performed, see also GL/EPO C‑IV, 7.2).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/c_iv_4_2.htm
Date retrieved: 17 May 2021
6 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPO Guidelines - C Procedureal Aspects of Substantive Examination
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