If the search was restricted and the applicant complains about the findings at the search stage, the complaint will be dealt with by the Complaint Handling Unit at the EPO.[Art. 17(3)(a); Art. 17(2)(a)(i); (ii); ]
In order to ensure that the applicant's submission is treated as a complaint, the applicant should use the online complaint form and explicitly state that his reply should be considered as a complaint. A letter of reply in which the applicant submits only substantive counterarguments contesting the findings of the ISA is not a complaint (see also GL/PCT-EPO C‑IV, 4.1).
While there is no provision for a review based on substantive arguments, the ISA may exceptionally have to issue a corrected ISR in the event of a procedural flaw.
Date retrieved: 30 December 2018
4 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 - 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