1.1 Opinions in relation to the search report 

The aim of the search is to identify the state of the art relevant for assessing novelty and inventive step (see B‑II, 2). Decisions on novelty and inventive step are the responsibility of the examining divisions, but the search division already gives the applicant a reasoned assessment of whether the application and the claimed invention meet the EPC requirements in the search opinion (if applicable ‒ see B‑XI, 7). The applicant can then reply to this in the examination proceedings (Art. 113(1) and B‑XI, 8). The categories the search division assigns to the documents cited in the search report (see B‑X, 9.2) similarly amount to implicit opinions on patentability and are subject to review by the examining division at the examination stage (see B‑II, 4.2(iii) and B‑XI, 1.2), in particular in the light of the applicant's reply (see B‑XI, 8).

The assessment of patentability at the search stage can have a direct bearing on how the search itself is carried out: see B‑III, 3.8 (on searching the subject-matter of dependent claims), B‑III, 2.3 (on searching in neighbouring technical fields) and B‑IV, 2.6 (on stopping the search when only trivial subject-matter remains).