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The European Patent Convention

 
 

Rule 63[ 64 ]
Incomplete search

(1)
If the European Patent Office considers that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file, within a period of two months, a statement indicating the subject-matter to be searched. 
(2)
If the statement under paragraph 1 is not filed in due time, or if it is not sufficient to overcome the deficiency noted under paragraph 1, the European Patent Office shall either issue a reasoned declaration stating that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed or, as far as is practicable, draw up a partial search report. The reasoned declaration or the partial search report shall be considered, for the purposes of subsequent proceedings, as the European search report.
(3)
When a partial search report has been drawn up, the Examining Division shall invite the applicant to restrict the claims to the subject-matter searched unless it finds that the objection under paragraph 1 was not justified.
 
Amended by decision of the Administrative Council CA/D 3/09 of 25.03.2009 (OJ EPO 2009, 299), entered into force on 01.04.2010.
References

Art. 83, 84, 92
R. 65, 135, 137

 
Version history +
13.12.2007 - 31.03.2010 
Decision of the Administrative Council of 07.12.2006 (CA/D 10/06), (OJ EPO 2007, 8 and Special edition 1/2007)
01.04.2010 - 
CA/D 3/09 (OJ EPO 2009, 299)
 
Cross-reference list
EPC EPC 1973
R. 63R. 45