Part B – Guidelines for Search
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  7. 8. Restriction of the searched subject-matter
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Search report

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8. Restriction of the searched subject-matter 

In the following cases, the search report, the declaration of no search or the partial search report will state that the search was restricted and which claims have or have not been searched:

(i)claims above the number of fifteen for which no additional fee has been paid (see B‑III, 3.4). This only applies to European and supplementary European search reports.

Rule 45(1) and
Rule 45(3)
Rule 162(1) and
Rule 162(4)

(ii)lack of unity of invention (see B‑VII). The partial search report (see B‑VII, 1.1) points out that it has been drawn up for the invention first mentioned in the claims and is accompanied by a list of the different inventions identified which specifies their subject-matter and the claims or parts of claims that relate to them (see Rule 44(2). This applies regardless of whether the lack of unity is detected "a priori" or "a posteriori". Any search report later drawn up for all the inventions for which search fees have been paid will specify the different inventions searched (and the related claims or parts of claims).

Rule 64(1)

(iii)claims for which no meaningful search or only an incomplete search could be carried out (see B‑VIII). The search division then declares:

(a)that a meaningful search could not be carried out for any of the claims (this declaration replaces the search report) or 

(b)that a meaningful search could not be carried out for one or more of the claims or parts of them. The claims concerned are specified in this declaration, which is issued together with the partial search report. 

In both cases (a) and (b), the reasons for not carrying out the search or for restricting it must be given (e.g. subject-matter not patentable; insufficiently clear claims). If necessary, full reasoning is provided in the search opinion; see B‑VIII, 3.3 for the content of the EESR in these cases.

Rule 63
Art. 52(2)
Art. 53

(iv)claims not searched because they do not comply with Rule 43(2) (see B‑VIII, 4.2).

Rule 62a

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