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Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)

 
 
Table of Contents - Guide for applicants, Part 2: PCT procedure before the EPO (Euro-PCT Guide)
C. The EPO as an International Searching Authority (ISA) and a Supplementary International Searching Authority (SISA)
IV. Supplementary International Search (SIS)
Scope and limitations of SIS
Scope and limitations of SIS
281
The scope of the search conducted by the EPO as SISA - i.e. the documentation searched - is the same as for any international search performed by the EPO as ISA (see point 218).
282
SIS is conducted on the international application as originally filed, and neither amendments filed under Article 19 and/or 34 PCT nor informal comments will be taken into account.  
R. 45bis.5(b) PCT
283
If the ISR is available at the time the SIS is performed, it will be taken into account. Any prior art document mentioned in the ISR is not re-cited in the SISR, unless the EPO qualifies its relevance differently. 
284
The EPO conducts a maximum of 700 supplementary searches per year. 
285
The limitations related to subject-matter set out in Annex A to the Agreement EPO-WIPO apply both where the EPO acts as ISA and where it acts as SISA (see point 254 ff). The same applies as to any other reason for non-establishment of a (full) search, i.e. complex applications, missing sequence listings and non-unity (see point 256 ff). As to particulars of the procedure in case of a missing sequence listing and non-unity, reference is made to points 289 and 293.
286
Further, where the EPO acts as SISA it may decide not to search claims that were not searched by the ISA. However, if the EPO, had it been the ISA for the international application, would have searched the claims concerned, it will not exercise its discretion not to search these claims if it acts as SISA. 
R. 45bis.5(c), (d), (e) PCT