Chapter 3 – The EPO as ISA and SISA
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3.3 Refusal to perform a (full) international search

Overview

3.3.1.When may the EPO refuse to conduct a (full) search? 

3.3.001There are several reasons why the EPO as ISA may refuse or will not be able to perform a (full) international search. Such refusal may relate to the subject-matter of the application (see point 3.3.005), non-compliance with requirements regarding the description, claims or drawings of the application (see point 3.3.008), missing sequence listings (see point 3.3.012) or lack of unity of invention (see points 3.3.013 ff).

3.3.002If a claim relates to an invention in respect of which no international search was carried out, the EPO as IPEA will not carry out international preliminary examination in respect of that claim (see point 4.2.027). This also applies if amendments and/or arguments under Article 34 PCT have been filed.

R. 66.1(e) PCT

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