GL B IV 1.2 Formal deficiencies

If the search division notices any formal shortcomings which have been overlooked by the Receiving Section, it calls these, by means of an internal communication, to the attention of the Receiving Section (or of the examining division in the case of an additional search requested by that division) which takes appropriate action. However, the search division does not repeat the tasks of the Receiving Section and does not undertake any time-consuming enquiries into these matters.

GL B IV 1.1 Analysis of the application

When taking up an application to be searched, the search division first considers the application in order to determine the subject of the claimed invention taking account of the guidance given in B‑III, 3. For this purpose it makes a critical analysis of the claims in the light of the description and drawings.

GL B IV 1 Procedure prior to searching

Upon creation of a European search report, a European search opinion or a clarification request under Rule 62a and/or 63(1), a pre-search algorithm generating a list of documents to be inspected by the search division is triggered. This creates a marker which serves as evidence in the file that the search division has started the search.

GL B IV – Search procedure and strategy

1. Procedure prior to searching

2. Search strategy

3. Procedure after searching

GL B III 3.13 Technological background

In certain circumstances it may be desirable to extend the subject-matter of the search to include the "technological background" of the invention.

GL B III 3.12 Lack of unity

Also, when the claims of the application do not relate to one invention only, nor to a group of inventions linked so as to form a single general inventive concept, the search will normally be restricted to the invention or the linked group of inventions first mentioned in the claims (see B‑VII and F‑V, 3.4).

GL B III 3.11 Subject-matter excluded from search

The search division may exclude certain subject-matter from its search. These exclusions may result from certain subject-matter not complying with the provisions of the EPC relating to exclusions from patentability or to susceptibility to industrial application (see B‑VIII, 1 and 2).

GL B III 3.10 Different categories

When the application contains claims of different categories, all these must be included in the search (for cases not complying with Rule 43(2), see B‑VIII, 4).

GL B III 3.9 Combination of elements in a claim

For claims characterised by a combination of elements (e.g. A, B and C) the search is directed towards the combination. However, when searching sections of the documentation for this purpose, sub-combinations, including the elements individually (e.g. A and B, A and C, B and C, and also A, B and C separately) are searched in those sections at the same time.

GL B III 3.8 Search on dependent claims

However, where the patentability of the subject-matter of the independent claim is questioned, it may be necessary for assessing whether the subject-matter of the dependent claim as such is novel and involves an inventive step to continue the search in other sections of the documentation, e.g. in one or more additional classification units. No such special search is made for features that seem prima facie trivial or are generally known in the art.