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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)
E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office
IX. Supplementary European search
No supplementary European search performed
No supplementary European search performed
567
As a rule a supplementary European search is carried out. Dispensation applies and no search fee is to be paid only if the EPO acted as ISA or SISA for the application in the international phase. 
Art. 153(7) EPC
OJ 2009, 594
568
If dispensation applies, it also applies where instead of an ISR a declaration of non-establishment under Article 17(2)(a) PCT was issued.
Art. 17(2)(a) PCT
Art. 153(6) EPC
569
If no supplementary European search report is drawn up, the Euro-PCT application will, after formalities examination, be passed on for substantive examination on condition that a request for examination has been validly filed (see points 580 ff).