Within the framework of Art. 123(2) and Art. 82, Rule 137(5), first sentence, should be construed as permitting any limitation of searched subject-matter which is unitary with the originally claimed subject-matter, irrespective of whether the technical feature(s) used for the limitation has/have been searched.[Rule 137(5); ]
For Euro-PCT applications where the EPO acted as ISA or as SISA, the examining division has to issue an invitation under Rule 164(2) for unsearched inventions contained in the application documents which are to serve as the basis for examination upon expiry of the six-month time limit set in the communication under Rule 161 or Rule 162, even if these inventions were imported from the description (see C‑III, 2.3).
Date retrieved: 24 November 2017
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EPC Implementing Rules
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
XGL C III 3.1.3 Invitation to pay additional search fees combined with invitation to restrict the scope of the search
EPO Guidelines - F The European Patent Application
EPO Guidelines - H Amendments and Corrections
Offical Journal of the EPO
XOJ EPO 2014, A70 - Notice from the European Patent Office dated 10 June 2014 concerning amended Rules 164 and 135 EPC