GL B III 3.2.2 Use of the description and/or drawings to identify the technical problem

According to Rule 42(1)(c) the description must (at least implicitly) mention the technical problem the application intends to solve (see also F‑II, 4.5).

GL B III 3.2.1 Claims with explicit references to the description or drawings

Although explicit references in the claims to features elucidated in the description or in the drawings are only permissible where "absolutely necessary" (Rule 43(6) – see also B‑III, 3.5, and F‑IV, 4.17), claims containing such references are still searched if these technical features are unambiguously defined by specific parts of the description.

However, where the reference does not clearly identify which subject-matter of

GL B III 3.2 Interpretation of claims

The search is on the one hand not restricted to the literal wording of the claims, but on the other hand is not broadened to include everything that might be derived by a person skilled in the art from a consideration of the description and drawings.

GL B III 3.1 Basis for the search

The search is made on the basis of the claims, with due regard to the description and drawings (if any) (Art. 92). The claims determine the extent of the protection which will be conferred by the European patent if granted (Art. 69(1)).[Art. 92; Art. 69(1); Rule 43(6); ]

GL B III 3 The subject of the search

3.1 Basis for the search

3.2 Interpretation of claims

3.3 Amended claims or missing parts (Rule 56)

3.4 Abandonment of claims

3.5 Anticipation of amendments to claims

GL B III 2.4 Search on the internet

The European search can also cover internet sources, including online technical journals, online databases or other websites (see OJ EPO 2009, 456). The extent of such internet searches depends on the individual case, but in some technical fields a systematic internet search will regularly be necessary. Especially in fields related to information or software technology, searches bypassing the internet will often not yield the most relevant prior art.

GL B III 2.3 Search in analogous fields

The search is carried out in collections of documents or databases which may contain material in all those technical fields pertinent to the invention.

GL B III 2.2 Effectiveness and efficiency of the search

The effectiveness and efficiency of any search for relevant documents (Rule 61(1)) depend on the degree of order which is available in, or which can be applied to, the collection of documents to be searched, the order allowing the search division to determine sections of the documentation to be consulted. The basic components for creating order in a collection of documents are words, classification units, indexing codes or bibliographical links between documents by commonly cited documents.

GL B III 2.1 Completeness of the search

The European search is essentially a thorough, high-quality, all-embracing search. Nevertheless, it must be realised that in a search of this kind, 100% completeness cannot always be obtained, because of such factors as the inevitable imperfections of any information retrieval system and its implementation. The search is carried out in such a manner as to reduce to a minimum the possibility of failing to discover complete anticipations for any claims, or other highly relevant prior art.

GL B III 2 Scope of the search

2.1 Completeness of the search

2.2 Effectiveness and efficiency of the search

2.3 Search in analogous fields

2.4 Search on the internet