The President of the European Patent Office, having regard to Rules 141(1), (2) and Rule 70b(1), (2) of the European Patent Convention (EPC)1, has decided as follows:
Inclusion of a copy of the search results in the file of a European patent application
The European Patent Office shall include in the file of a European patent application a copy of the search results referred to in Rule 141(1) EPC where a search report of the following type was drawn up by the European Patent Office on an application whose priority is claimed:
- European search report (Art. 92 EPC)
- international search report (Art. 15(1) PCT)
- international-type search (Art. 15(5) PCT)
- search report made on behalf of a national office on a national application (Belgium, Cyprus, France, Greece, Italy, Luxembourg, Malta, Netherlands, Turkey).
In these cases, the applicant shall be exempted from filing a copy of the search results under Rule 141(1) EPC.
Entry into force
This decision shall enter into force on 1 January 2011 and shall apply to European patent applications and international applications filed on or after that date.
Done at Munich, 5. October 2010