Chapter 3 – The EPO as ISA and SISA
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3.4 Supplementary International Search (SIS)

Overview

3.4.2.What is the scope of the SIS? 

3.4.006The scope of the search conducted by the EPO as SISA, i.e. the documentation searched, is the same as for any international search carried out by the EPO as ISA (see point 3.2.002).

3.4.007The SIS is conducted on the international application as originally filed, and neither amendments filed under Article 19 PCT and/or Article 34 PCT nor informal comments will be taken into account.

R. 45bis.5(b) PCT

3.4.008If the ISR is available at the time the SIS is carried out, it will be taken into account. Prior-art documents mentioned in the ISR are re-cited in the SISR only if the EPO qualifies their relevance differently. 

3.4.009The EPO conducts a maximum of 700 supplementary searches per year. 

3.4.010The limitations related to subject-matter set out in Annex C to the Agreement EPO-WIPO apply both where the EPO acts as ISA and where it acts as SISA (see points 3.3.005 ff). The same applies as to any other reason for non-establishment of a (full) search, i.e. complex applications, missing sequence listings and non-unity (see points 3.3.001 ff). As to particulars of the procedure in case of a missing sequence listing and non-unity, please refer to points 3.4.015 and 3.4.019.

3.4.011Furthermore, the EPO acting as SISA may decide not to carry out a search on claims that were not searched by the ISA. However, if the EPO would have searched those claims had it been the ISA, it will search them as SISA. 

R. 45bis.5(c) PCT, R. 45bis.5(d) PCT, R. 45bis.5(e) PCT

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