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

 
 
No supplementary European search performed
572
As a rule a supplementary European search is carried out. Dispensation applies and no search fee is to be paid under Rule 159(1)(e) EPC only if the EPO acted as ISA or SISA for the application in the international phase.
OJ 2009, 594
573
If dispensation applies, it also applies where instead of an ISR a declaration of non-establishment under Article 17(2)(a) PCT was issued.
574
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 585 ff).