draw up a partial supplementary search report on those parts of the application which relate to the invention, or the group of inventions within the meaning of Article 82, first mentioned in the claims;
If the supplementary European search report is dispensed with and the Examining Division considers that in the application documents which are to serve as the basis for examination an invention, or a group of inventions within the meaning of Article 82, is claimed which was not searched by the European Patent Office in its capacity as International Searching Authority or Authority specified for supplementary international search, the Examining Division shall:
issue the results of any search performed in accordance with paragraph (a) together with:
-
a communication under Article 94, paragraph 3, and Rule 71, paragraphs 1 and Rule 71, paragraphs 2, in which it shall give the applicant the opportunity to comment on these results and to amend the description, claims and drawings, or
-
a communication under Rule 71, paragraph 3,
and
where appropriate, in the communication issued under paragraph (b), invite the applicant to limit the application to one invention, or group of inventions within the meaning of Article 82, for which a search report was drawn up by the European Patent Office in its capacity either as International Searching Authority or as Authority specified for supplementary international search, or for which a search was performed in accordance with the procedure under paragraph (a).
Rule 62 and Rule 70, paragraph 2, shall not apply to the results of any search performed in accordance with paragraph 2.
Any fee paid under paragraphs 1 or 2 shall be refunded if the applicant requests a refund and the Examining Division finds that the communication under paragraphs 1(b) or paragraphs 2(a) was not justified.
Amended by decision of the Administrative Council CA/D 17/13 of 16.10.2013 (OJ EPO 2013, 503), which entered into force on 01.11.2014.
See notice from the EPO of 10.06.2014 (OJ EPO 2014, A70).
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r164.html
Date retrieved: 17 May 2021
92 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
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 - E General Procedural Matters
EPO Guidelines - F The European Patent Application
EPO Guidelines - H Amendments and Corrections
EPO PCT GL - B Search
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
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XOJ EPO 2009, 582 - Decision of the Administrative Council of 27 October 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 20/09)