GL B III 1.2 Opinions on matters relating to limitation of the search

Occasionally matters of substantive examination other than novelty or inventive step have a direct bearing on the execution of the search and may result in a limitation thereof; here again these opinions are subject to review by the examining division (see T 178/84 and T 631/97, and B‑II, 4.2(iii), and B‑XI, 1.2), in particular in the light of the applicant's reply to the search opinion (see

GL B III 1.1 Opinions in relation to the search report

As stated in B‑II, 2, the objective of the search is to discover the relevant state of the art for the purpose of assessing novelty and inventive step. Decisions on novelty and inventive step are the province of the examining divisions.

GL B III 1 Opinions of the search division

1.1 Opinions in relation to the search report

1.2 Opinions on matters relating to limitation of the search

GL B III – Characteristics of the search

1. Opinions of the search division

2. Scope of the search

3. The subject of the search

GL B II 4.6 Searches on national applications

The search divisions of the EPO also carry out searches on national applications of certain of its contracting states. These guidelines are not necessarily fully applicable to these national searches, nor are the ways in which these searches differ from European searches specifically pointed out. However, these national searches are to a large extent identical to, or compatible with, European searches.[]

GL B II 4.5 International-type searches

Under the PCT, the EPO, as an International Searching Authority, may be entrusted to carry out "international-type searches" for national patent applications (Art. 15(5) PCT). These searches are by definition similar to international searches, and the same considerations apply, except where unity of invention is lacking; in the case of a lack of unity in a national application subject to an international-type search, no reasoned statement on the lack of unity is included in the search report.

GL B II 4.4 International (PCT) searches

For the search practice as regards international (PCT) searches, reference is made to the PCT International Search and Preliminary Examination Guidelines, as well as to the latest version of the Euro-PCT Guide ("PCT procedure at the EPO, Guide for applicants").

GL B II 4.3.3 Application documents for the supplementary European search report

The European grant procedure, including the supplementary European search, is to be based on the application documents as specified by the applicant when the application enters the European phase (Rule 159(1)(b)).

GL B II 4.3.2 A supplementary European search report is required

If a supplementary European search report is not to be dispensed with (see B-II, 4.3.1), the supplementary European search is carried out in all of the EPO's search documentation. It is left to the search division's judgement whether a limitation as to the search documents is chosen.

GL B II 4.3.1 Dispensing with the supplementary European search report

According to decisions taken by the Administrative Council, no supplementary European search report is drawn up in respect of an international application for which:

(i)the EPO was the International Searching Authority or the Supplementary International Searching Authority (OJ EPO 2009, 594; OJ EPO 2010, 316);