4.2.9.Can the EPO refuse to perform preliminary examination? 

4.2.027The EPO as IPEA will not perform an international preliminary examination on any claim for which no international search was performed (see point 3.3.002). In this context it is not relevant whether the applicant files amendments and/or arguments that, allegedly, overcome the reasons for the decision of the ISA not to search the claims concerned.

4.2.028Further, the EPO as IPEA will make use of its discretion not to carry out preliminary examination if the application relates to subject-matter listed in Rule 67 PCT to the extent that such subject-matter is not regarded as an invention or susceptible of industrial application or is excluded from patentability under the provisions of the EPC.