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GL B IX 2.2 Unpublished patent applications

Since the completion of the search for conflicting applications that are not published at the time of the initial search is entrusted to the examining divisions, the documents which can be cited in the search report do not include unpublished patent applications (see B‑VI, 4.1).

GL B IX 2.1 PCT minimum documentation

The systematically accessible search documentation includes the national patent documents belonging to the PCT minimum documentation as specified in Rule 34.1(b)(i) and (c) PCT.

Also included are published international (PCT) and regional (e.g. European) patent applications, patents, and inventors' certificates (Rule 34.1(b)(ii) PCT).

GL B IX 2 Patent documents arranged for systematic access

2.1 PCT minimum documentation

2.2 Unpublished patent applications

2.3 Search reports

2.4 Patent family system

GL B IX 1.2 Systematic access systems

All members of the search division have at their disposal computer facilities for searching the search documentation. These allow, amongst other things, the use of the Cooperative Patent Classification (CPC), which is based on the International Patent Classification (IPC) but comprises finer internal subdivisions. Searches can also be performed using other classification systems and/or words.

GL B IX 1.1 Organisation and composition of the documentation available to the search divisions

The basic part of the search documentation consists of a collection of patent documents systematically accessible in a manner suitable for searching. Additionally, periodicals and other publications of technical literature are put at the disposal of the search division.

GL B IX 1 General

1.1 Organisation and composition of the documentation available to the search divisions

1.2 Systematic access systems

GL B IX – Search documentation

1. General

2. Patent documents arranged for systematic access

3. Non-patent literature arranged for systematic access

4. Non-patent literature arranged for library-type access

5. Access to EPO documentation for the national patent offices

GL B VIII 6 Claims contravening Art. 123(2) or Art. 76(1)

If the claims on which the search is to be based were filed after the date of filing or under Rule 58, they do not form part of the application documents "as originally filed". Also, for Euro-PCT applications (see B‑III, 3.3.1), it may happen that amended claims form the basis for the supplementary European search.

GL B VIII 5 Invitation under both Rule 62a(1) and Rule 63(1)

In certain cases it may be appropriate to send an invitation according to both Rule 63 (see B‑VIII, 3.1) and Rule 62a(1) (see B‑VIII, 4.1).

GL B VIII 4.6 Treatment of dependent claims under Rule 62a

Claims depending either directly or indirectly via other dependent claims on an independent claim excluded from the search in accordance with Rule 62a(1) (see B‑VIII, 4.2) are likewise excluded from the search.