GL-PCT C IV 4.2 Consequences of a declaration of no search or an incomplete search in subsequent European procedure

For unsearched subject-matter, no written opinion is established under PCT Chapter I and no examination is carried out under PCT Chapter II.

GL-PCT C IV 4.1 Submissions prompted by a restriction of the search or a declaration that no search is possible

If the search covered only some claims or part of one or more claims (see GL/PCT‑EPO B-VIII), only the subject-matter which has been searched - as indicated in the ISR (GL/PCT‑EPO B‑X, 8) and/or in the WO‑ISA (GL/PCT‑EPO B‑XI, 6) - can be the object of the international preliminary examination.

GL-PCT C IV 4 Consequences of a restriction of the search

4.1 Submissions prompted by a restriction of the search or a declaration that no search is possible

4.2 Consequences of a declaration of no search or an incomplete search in subsequent European procedure

GL-PCT C IV 3 Late-filed reply after a first or further WO-IPEA (408) has been sent

In the PCT procedure, there is no loss of right for applicants if they do not meet the time limits for replying to a written opinion.

GL-PCT C IV 2.5 Request for a further written opinion

Frequently applicants explicitly request a further written opinion (under Chapter II) if the examiner's opinion is still negative.

GL-PCT C IV 2.4 Files arriving late

If the demand has been validly received by the EPO very late, the examiner will telephone the applicant and explain the situation. In such cases applicants will then be asked whether they prefer to:

– discuss the application over the phone and receive a short time limit to file amendments (e.g.

GL-PCT C IV 2.3 Supplementary international search (SIS) by another office

When conducting preliminary examination under Chapter II, the examiner must also take into account any documents cited in any supplementary international search report (SISR) by another office which is available in the file.

If the SISR has not been received by the EPO 24 months after the priority date, the file will be sent to the examiner anyway.

GL-PCT C IV 2.2 Procedure when the EPO was the ISA

Applicants must be given a further opportunity for interaction in Chapter II before a negative IPER is established, on condition that they have filed in due time a substantive reply to the WO‑ISA in the form of amendments and/or arguments.[]

Thus if, after reply to the WO‑ISA, there are still objections outstanding, before issuing a negative IPER the examiner must send:

–

GL-PCT C IV 2.1 Procedure when the EPO was not the ISA

Where the ISR and WO‑ISA were established by another European International Searching Authority (at present SE, ES, AT, FI, TR, NPI (XN) and VPI (XV)), the WO‑ISA is not considered as the first written opinion for the procedure under Chapter II PCT and the examiner will examine the file, taking into account the WO‑ISA and any reply from the applicant on file.