229

As a rule, a supplementary European search must be performed for each international application entering the European phase and a search fee must be paid. In some cases however, the requirement that a supplementary European search report is to be drawn up, is dispensed with (point 232). Further, if a supplementary search report is to be drawn up, a reduction of the search fee may apply. This depends on the filing date of the international application and on the ISA that drew up the ISR (point 238).

230

On 1 July 2005 new Rule 44a EPC entered into force. This provision stipulates that for European and international applications filed on or after 1 July 2005 a so-called Extended European Search Report (EESR) will be drawn up. Such report contains not only the search report but also an opinion on whether the application seems to meet the requirements under the EPC. This means that, if on entry into the European phase a supplementary European search is to be performed, an EESR will be drawn up for each application having an international filing date on or after 1 July 2005.

231

The supplementary search is performed on the basis of the last set of (amended) claims available or filed by the applicant on expiry of the time limit under Rule 109 EPC, since that set of claims must be considered the final version at the time the search commences (see point 192).