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

 
 
IX.
Supplementary European search 
562
As a rule, a supplementary European search must be performed for each international application entering the European phase and a search fee must be paid. For an exception see point 567 ff. Like any European search report, the supplementary European search report is accompanied by an opinion under Rule 62 EPC, the European search opinion (ESOP), on whether the application and the invention to which it relates meet the requirements of the EPC. The supplementary European search report together with the search opinion is known as the "extended (supplementary) European search report" (EESR).
563
No search opinion under Rule 62 EPC will be issued if the applicant:
has filed the request for examination according to Rules 159(1)(f) EPC and
has waived the right to be asked under Rule 70(2) EPC whether he wishes to proceed further with the application (see point 584)
before the supplementary European search report has been transmitted to him. Instead, a communication will be issued under Rule 71(1) or 71(3) EPC, respectively inviting the applicant to correct and/or amend the application or informing him of the text in which the EPO intends to grant the patent.
564
The supplementary European search is performed on the basis of the last set of (amended) claims available to the EPO on expiry of the time limit set in the Rule 161/162 communication (see points 488 ff). That set of claims is considered the final set at the time the search is performed (see point 479). Any claim for which a claim fee due has not been paid will not be searched (see points 599 ff).
565
If a supplementary European search is carried out, the European Patent Bulletin will mention the date of despatch of the supplementary European search report. The report is not published, but is available through file inspection.  
566
If during the supplementary European search the EPO comes to the conclusion that no search or only a partial search can be carried out, it will issue, depending on the case, a declaration of no search or a partial supplementary European search report, which takes the place of the European search report.