The state of the art at the search stage
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  5. Part B
  6. The state of the art at the search stage
  7. 5. Relevant date for documents cited in the search report; filing and priority date
  8. 5.4 Documents published after the date of filing
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5. Relevant date for documents cited in the search report; filing and priority date

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5.4 Documents published after the filing date date of filing

The search normally does not cover documents published after the filing date date of filing of the application accorded by the Receiving Section.

However, documents published after the filing date date of filing can sometimes be relevant, for example written confirmation of an oral disclosure (see B‑VI, 2), a later document setting out the principle or theory behind the invention and so helping to understand it better or a later document showing that the reasoning or the facts behind the invention are incorrect (see B‑X, 9.2.5). The search is not specially widened to include documents of this kind, but the search division may choose to cite any it knows of in the search report.

If priority is validly claimed (see B‑VI, 5.1), the search also does not normally cover documents published after the earliest validly claimed priority date as that date counts under Art. 89 as the application's filing date date of filing. However, the search may have to be widened this way to some extent for specific purposes (see B‑VI, 3, B‑VI, 4 and B‑VI, 5.3).

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