GL B III 3.7 Independent and dependent claims

The search carried out in sections of the documentation to be consulted for the independent claim(s) must include all dependent claims (for cases not complying with Rule 43(2), see B‑VIII, 4). Dependent claims are interpreted as being restricted by all features of the claim(s) upon which they depend. Therefore, where the subject-matter of an independent claim is novel, that of its dependent claims will also be novel (see, however, F‑VI, 2.4.3).

GL B III 3.6 Broad claims

No special search effort need be made for searching unduly wide or speculative claims, beyond the extent to which they relate to matter which is sufficiently disclosed in the application (Art. 83), and are supported by the description (Art. 84).[Art. 83; Art. 84; ]

Example 1

If the claims in an application relating to and

GL B III 3.5 Anticipation of amendments to claims

In principle, and in so far as possible and reasonable, the search covers the entire subject-matter to which the claims are directed or to which they might reasonably be expected to be directed after they have been amended (see, however, B‑VII, 1.3, in the case of lack of unity and H‑II, 6, for the ambit of Rule 137(5)).

Example

Where an application rela

GL B III 3.4 Abandonment of claims

For European applications, claims that are deemed to have been abandoned for non-payment of fees must be excluded from the search. The claims which have actually been taken into account for the purposes of the search are identified in the search report.

GL B III 3.3.2 Specific rules applicable to Euro-PCT applications

Where a European application derives from an earlier international application, applicants may have amended the international application in the international phase, either after receipt of the international search report (Art. 19(1) PCT) or during international preliminary examination (Art. 34(2)(b) PCT).

GL B III 3.3.1 General considerations

Where a European application does not derive from an earlier international application, the applicant may not amend the claims before receiving the European search report (Rule 137(1)).

GL B III 3.3 Amended claims or missing parts ( Rule 56 )

3.3.1 General considerations

3.3.2 Specific rules applicable to Euro-PCT applications

GL B III 3.2.5 Ascertaining the existence of a fallback position

A claim may contain undefined, unclear terms for which no clear preferred embodiments are given in the claims but where clear preferred embodiments (i.e. a "fallback position", as referred to in B‑III, 3.2(iv)) of that unclear term are expressed in the description and/or drawings (see B‑III, 3.2.3). In such a case, the search will be based on the broadest technically sensible interpretation of the term.

GL B III 3.2.4 Use of the description and/or drawings to establish definitions of clear terms given a definition different from their usual meaning

In some applications the meaning given to a technical term by the description and/or the drawings differs from the commonly recognised meaning of that term in the technical field of the application.

GL B III 3.2.3 Use of the description and/or drawings to establish definitions of unclear terms not defined in the claims

Some technical features of the claims may be defined by unclear terms so that the scope of the claims cannot be determined unambiguously.