4.2 The international preliminary examination procedure before the EPO as an IPEA
4.2.2.Top-up search
4.2.009The EPO as IPEA performs a top-up search in Chapter II PCT in order to reveal any further relevant prior-art documents, in particular intermediate prior art, which have been published or have become available to the IPEA after the international search report was established.
4.2.010Any relevant documents found during the top-up search will be indicated in the IPER.
4.2.011A top-up search does not normally extend beyond the subject-matter searched by the ISA as set out in Rule 66.1ter PCT. It is performed in respect of all applications undergoing Chapter II PCT examination, apart from in exceptional cases where the examiner considers that performing a top-up search would serve no useful purpose.
4.2.012The top-up search is normally performed at the start of Chapter II PCT examination. However, in the case of non-unity where there is more than one invention claimed in the documents for which examination under Chapter II PCT is demanded, the examiner first issues an invitation to pay further examination fees and then performs the top-up search for all inventions for which further examination fees have been paid, provided that any such inventions are not excluded from preliminary examination by the examiner under Rule 66.1(e) PCT.
4.2.013The top-up search is based on the application documents available at the start of Chapter II PCT examination. However, in the special case that the application is amended but the basis for the amendments could not be found and/or there is no letter explaining their basis in the description, the top-up search may be limited to the scope of the claims forming the basis of the IPER.
4.2.014If relevant documents are found during the top-up search which give rise to objections as to patentability, the EPO as IPEA issues a second WO along the lines set out under point 4.2.017.