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Guidelines for Examination

 
 
3.
Analysis of the application and content of the search opinion 

Where it is held that the application and/or the invention to which it relates does not satisfy the requirements of the EPC, then corresponding objections are raised in the search opinion.

The search opinion should, as a general rule, cover all objections to the application (but see B-XI, 3.4). These objections may relate to substantive matters (e.g. the subject-matter of the application is not patentable) or to formal matters (e.g. failure to comply with one or more of the requirements specified in Rules 41 to 43, 46, 48, 49 and 50) or to both.

Where claims relating to a method of treatment of the human or animal body or methods of diagnosis practiced on the human or animal body have been searched because their reformulation into an allowable format can be envisaged at the time of the search (see B-VIII, 2), the search opinion should, nonetheless, object to these claims as relating to subject-matter which is excluded from patentability.

References

Art. 53(c)