GL B II 4.3 Supplementary European searches

An international (PCT) application for which the EPO acts as designated Office or elected Office and which has been accorded an international date of filing is deemed to be a European patent application. Where an international (PCT) search report is already available, this will take the place of the European search report.

GL B II 4.2 Additional European searches

At the examination stage of a European patent application an additional search may be necessary.

GL B II 4.1 European searches

The task of the search division is primarily to carry out searches and draw up search reports in relation to European patent applications. In addition to these usual searches, the search divisions of the EPO may be called upon to perform various other types of search, which are listed in the following paragraphs.[Art. 17; ]

GL B II 4 Search report

A search report is prepared containing the results of the search, in particular by identifying the documents constituting the relevant state of the art (see B‑X, 9).[Art. 92; Rule 61(1); ]

The search report serves to provide information on the relevant state of the art to the applicant, to the examining divisions of the EPO and, by means of its publication, to the public.[Art. 92;

GL B II 3 Search documentation

The search is carried out in in-house or external collections of documents or databases, the contents of which are systematically accessible, e.g. by means of words, classification symbols or indexing codes. These are primarily patent documents of various countries, supplemented by a number of articles from periodicals and other non-patent literature (see B‑IX).

GL B II 2 Objective of the search

The objective of the search is to discover the state of the art which is relevant for the purpose of determining whether, and if so to what extent, the claimed invention for which protection is sought is new and involves an inventive step.[Rule 61(1); ]

The search is thus not usually directed to discovering disclosures which may be of interest to the applicant.

GL B II 1.1 Contact between the applicant and the search division

Consultations with the search division can only take place after the application has entered the examination stage, with the exception of cases indicated in B‑VIII, 3.2.2 and 4.2.2, and regarding issues related to the timing of the drawing up of the search report. The search division must not consent to these earlier (see also B‑XI, 8).

GL B II 1 Search and substantive examination

The procedure through which a European patent application proceeds from the filing of the application to the grant of a patent (or the refusal of the application) comprises two separated basic stages, i.e. the search and substantive examination.[Art. 17; Art. 18; ]

1.1 Contact between the applicant and the search division

GL B II – General

1. Search and substantive examination

2. Objective of the search

3. Search documentation

4. Search report

GL B I 2.2.2 Further searches on a non-unitary application in a different technical field

Another case where the search division consists of more than one member is where a lack of unity is found to exist between subject-matter in different technical fields. Such cases are handled as follows:

(a)The search on the invention first mentioned in the claims (see F‑V, 3.4) is carried out in one technical field by a first member.