PART B
GUIDELINES FOR SEARCH
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1.
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Purpose of Part B |
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2.
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Search Division |
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3.
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Search work |
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4.
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The Extended European Search Report (EESR) |
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1.
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Search and substantive examination |
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2.
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Objective of the search |
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3.
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Search documentation |
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4.
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Search report |
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4.1
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European searches |
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4.2
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Additional European searches |
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4.3
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Supplementary European searches |
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4.4
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International (PCT) searches |
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4.5
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International-type searches |
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4.6
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Searches on national applications |
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1.
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The objective of the search |
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1.1
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Opinions in relation to the search report |
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1.2
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Opinions on matters relating to the limitation of the search |
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2.
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Scope of the search |
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2.1
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Completeness of the search |
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2.2
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Effectiveness and efficiency of the search |
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2.3
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Special documents to be consulted |
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2.4
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Search in analogous fields |
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3.
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The subject of the search |
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3.1
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Basis for the search |
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3.2
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Interpretation of claims |
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3.3
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Amended claims |
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3.4
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Abandonment of claims |
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3.5
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Anticipation of amendments to claims |
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3.6
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Broad claims |
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3.7
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Independent and dependent claims |
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3.8
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Search on dependent claims |
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3.9
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Combination of elements in a claim |
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3.10
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Different categories |
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3.11
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Subject-matter excluded from search |
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3.13
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Technological background |
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1.
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Procedure prior to searching |
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1.1
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Analysis of the application |
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1.2
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Formal deficiencies |
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1.3
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Documents cited in the application |
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1.4
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Abstract; official classification; title of the invention; publication |
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2.
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Search strategy |
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2.1
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Subject of the search; restrictions |
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2.2
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Formulating a search strategy |
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2.3
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Carrying out the search; types of documents |
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2.4
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Reformulation of the subject of the search |
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2.5
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Closest prior art and its effects on the search |
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2.6
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End of search |
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3.
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Procedure after searching |
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3.1
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Preparation of the search report |
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3.2
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Documents discovered after completion of the search |
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3.3
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Errors in the search report |
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CHAPTER V
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PRECLASSIFICATION (ROUTING) AND OFFICIAL CLASSIFICATION OF EUROPEAN PATENT APPLICATIONS |
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1.
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Definitions |
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2.
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Preclassification (routing) |
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3.
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Incorrect preclassification |
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4.
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Official classification of the application |
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5.
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Classification of late-published search reports |
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6.
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Classification when the scope of the invention is not clear (e.g. a partial search) |
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7.
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Classification in cases of a lack of unity of invention |
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8.
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Verification of official classification |
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1.
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General |
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2.
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State of the art - oral disclosure, etc. |
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3.
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Priority |
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4.
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Conflicting applications |
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4.1
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Potentially conflicting European and international applications |
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4.2
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National earlier rights |
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5.
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Date of reference for documents cited in the search report; filing and priority date |
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5.1
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Verification of claimed priority date(s) |
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5.2
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Intermediate documents |
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5.3
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Doubts as to the validity of the priority claim; extension of the search |
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5.4
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Documents published after the filing date |
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5.5
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Non-prejudicial disclosures |
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6.
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Contents of prior-art disclosures |
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6.1
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General remark |
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6.2
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Citation of documents corresponding to documents not available or not published in one of the official EPO languages |
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1.
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General remarks |
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1.1
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Partial European search report |
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1.2
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Invitation to pay further search fees |
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1.3
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Documents relevant only to other inventions |
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2.
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Procedures in cases of lack of unity |
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2.1
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Request for refund of further search fee(s) |
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2.2
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Decision with respect to unity of invention |
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2.3
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Complete search despite of lack of unity |
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2.4
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Supplementary European search |
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1.
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General remarks |
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2.
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Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body |
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3.
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No meaningful search possible |
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1.
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General |
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1.1
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Organisation and composition of the documentation available to the Search Divisions |
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1.2
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Systematic access systems |
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1.3
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Numerical lists |
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2.
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Patent documents arranged for systematic access |
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2.1
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PCT minimum documentation |
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2.2
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Other national patent documents |
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2.3
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Unpublished patent applications |
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2.4
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Search reports |
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2.5
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Arrangements for manual search |
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2.6
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Patent family system |
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3.
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Non-patent literature arranged for systematic access |
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3.1
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Periodicals, records, reports, books, etc. |
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3.2
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Arrangements for manual search |
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4.
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Non-patent literature arranged for library-type access |
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4.1
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Composition |
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4.2
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Arrangement and location |
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5.
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Search documentation at the various EPO sites |
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5.1
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Electronic search documentation |
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5.2
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Search documentation in paper form |
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6.
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Search documentation in national offices carrying out transferred searches on behalf of the EPO |
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6.1
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Electronic search documentation provided by the EPO |
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6.2
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Additional search documentation in national patent offices |
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1.
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General |
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2.
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Different types of search reports drawn up by the EPO |
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3.
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Form and language of the search report |
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4.
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Identification of the patent application and type of search report |
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5.
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Classification of the patent application |
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6.
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Areas of technology searched |
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7.
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Title, abstract and figure(s) to be published with the abstract (as indicated on supplemental sheet A) |
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8.
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Restriction of the subject of the search |
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9.
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Documents noted in the search |
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9.1
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Identification of documents in the search report |
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9.1.1
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Bibliographic elements |
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9.1.2
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"Corresponding documents" |
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9.1.3
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Languages of the documents cited |
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9.1.4
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Supplementary search report |
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9.2
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Categories of documents (X, Y, P, A, D, etc.) |
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9.3
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Relationship between documents and claims |
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10.
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Authentication and dates |
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11.
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Copies to be attached to the search report |
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11.1
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General remarks |
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11.2
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Electronic version of document cited |
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11.3
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Patent family members; the "&" sign |
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11.4
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Reviews or books |
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11.5
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Summaries, extracts or abstracts |
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12.
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Transmittal of the search report and search opinion (if applicable) |
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1.
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Purpose of the abstract |
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2.
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Definitive content |
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3.
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Content of the abstract |
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4.
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Figure accompanying the abstract |
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5.
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Checklist |
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6.
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Transmittal of the abstract to the applicant |
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1.
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Search opinion is part of the EESR |
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1.1
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The search opinion |
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1.2
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Position of the Examining Division |
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2.
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Basis of the search opinion |
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2.1
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Applications containing missing parts of description and/or drawings filed under Rule 56 EPC or Rule 20 PCT |
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2.2
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Applications containing claims filed after the accorded date of filing |
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3.
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Analysis of the application and content of the search opinion |
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3.1
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The examiner's dossier |
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3.2
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Reasoned objections |
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3.3
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Possibility to file comments and amendments |
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3.4
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Extent of first analysis |
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3.5
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Contribution to the known art |
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3.6
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EPC requirements |
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3.7
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Examiner's approach |
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3.8
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Making suggestions |
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3.9
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Positive opinion |
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4.
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Priority claim and the search opinion |
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5.
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Matters of doubt in the state of the art |
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6.
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Unity in relation to the search opinion |
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7.
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The search opinion in cases of a limitation of the search |
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8.
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No search opinion is issued |
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9.
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Reaction to the Extended European Search Report (EESR) |
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