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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)
D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II PCT
II. The international preliminary examination procedure before the EPO as an IPEA
Refusal to perform preliminary examination
Refusal to perform preliminary examination
382
The EPO as IPEA will not perform an international preliminary examination on any claim for which no international search was performed (see point 251). In this context it is not relevant whether the applicant files amendments and/or arguments that, allegedly, overcome the reasons for the decision of the ISA not to search the claims concerned.
Art. 17(2)(a) PCT
R. 66.1(e), 66.2(a)(vi) PCT
383
Further, the EPO as IPEA will make use of its discretion not to carry out preliminary examination if the application relates to subject-matter listed in Rule 67 PCT to the extent that such subject-matter is not regarded as an invention or susceptible of industrial application or is excluded from patentability under the provisions of the EPC. Here, reference is made to the information published by the EPO in respect of international applications claiming a business method (see point 315).
Art. 34(4) PCT
R. 67 PCT
Agreement EPO-WIPO, Art. 4 
OJ 2010, 304
OJ 2007, 592
384
Also, if the application fails to comply with the prescribed requirements to such an extent that no meaningful opinion can be formed on novelty, inventive step or industrial applicability, no preliminary opinion on these questions will be established.