Where no (complete) international search was carried out because the applicant did not file an electronic sequence listing conforming to WIPO Standard ST.25 in response to a request from the ISA or did not pay the late furnishing fee, the IPER will indicate under Section III that the examination is limited according to Rule 13ter.2 to the same extent as the search was limited because the applicant failed to comply with Rule 5.2 (no sequence listing) and/or Rule 13ter.1(a) (no computer-readable sequence listing). The examiner also indicates in Section III of the IPER that the examination is also limited according to Rule 66.1(e) because the search was incomplete.[Rule 5.2; Rule 13ter.2; Rule 66.1(e); GL/ISPE 9.39; GL/ISPE 15.12; GL/ISPE 15.13; GL/ISPE 17.37; ]
Where a sequence listing in electronic form and compliant with WIPO Standard ST.25 is not available to the EPO as IPEA, the applicant may be invited to furnish such a sequence listing under Rule 13ter.1(a) and to pay the late furnishing fee under Rule 13ter.1(c) within a non-extendable period of one month from the date of the invitation.
Source: http://www.epo.org/law-practice/legal-texts/html/guidelinespct/e/c_viii_2_1.htm
Date retrieved: 17 May 2021