GL B XI 1.2 Position of the examining division

The examining division will consider both the objections raised in the search opinion and the applicant's response thereto (see B‑XI, 8) when examining the application further. It may change the position adopted in the search opinion after receiving arguments, amendments and other submissions from the applicant in response to the search opinion or subsequently in examination proceedings.

GL B XI 1.1 The search opinion

For European applications filed as of 1 July 2005 and international applications filed as of that date entering the European phase, European search reports and supplementary European search reports will be accompanied by an opinion on whether the application and the invention to which it relates seem to meet the requirements of the EPC.

The above applies except in the cases referred to in B‑XI, 7.

The findings of the search opinion must be consistent with the document categories assig

GL B XI 1 Search opinion is part of the EESR

The extended European search report (EESR) is made up of two components:[Rule 62(1); ]

(i)the European search report or the supplementary European search report (see B‑X)

(ii)the search opinion

GL B XI – The search opinion

1. Search opinion is part of the EESR

2. Basis of the search opinion

3. Analysis of the application and content of the search opinion

4. Priority claim and the search opinion

5. Unity in relation to the search opinion

GL B X 12 Transmittal of the search report and search opinion

The EPO forwards the search report, the search opinion (if applicable, see B‑XI, 7) and copies of all cited documents to the applicant, see B‑X, 11.1), including automated translations annexed to the ESOP (when appropriate, see B‑X, 9.1.3) and those documents appearing after the "&" sign and designated to be copied and sent to the applicant (see B‑X, 11.3).[Rule 65

GL B X 11.6 Citation of video and/or audio media fragments available on the internet

Video and/or audio media fragments available on the internet are converted into a non-patent literature citation and cited as a screen shot of the first page of the internet citation. The bibliographic data contain the URL of the original location on the internet.

GL B X 11.5 Summaries, extracts or abstracts

Where a document cited is a summary, extract or abstract of another document, published separately, a copy of the summary, extract or abstract is forwarded to the applicant along with the report.

If, however, the search division considers that the entire document is required, that document must be cited and a copy must be attached to the report (see B‑X, 9.1.2(ii)).

GL B X 11.4 Reviews or books

In the case of a review or a book, copies are made of the relevant pages of the publication concerned. The relevant bibliographic information has to be clear from the copy of the document.

GL B X 11.3 Patent family members; the "&" sign

In the case of patent families, only a copy of the member of the family actually cited is normally supplied. The other members are mentioned in an annex systematically produced by the computer for information only (see B‑X, 9.1.2). However, in certain circumstances one or more further patent documents in the same patent family may be mentioned on the search report after the "&" sign (see B‑X, 9.1.2(i)).

GL B X 11.2 Electronic version of document cited

In the case of a patent document, a complete copy is supplied even if the patent is bulky.

In cases where part or all of the document is published only by electronic means (see Rule 68(2) and OJ EPO 2000, 367), an electronic version of at least those parts of the document not available in paper form will be made available to the applicant. This must be done in such a way that the applicant is provided with the whole document either in a combination of paper and electronic forms or in electronic form only.