3.9 Positive opinion 

After analysing the application as described in B‑XI, 3.1 to B-XI, 3.8, the search division may conclude that it and the claimed invention both satisfy the EPC requirements and it will then express a general positive opinion on the application documents in the search opinion. However, if a full search for all potentially conflicting applications under Art. 54(3) could not be carried out at this stage (see B‑VI, 4.1), a top-up search will be needed at the examination stage (see C‑IV, 7.1) and so the application remains open to any objections under Art. 54(3) raised then.

A positive search opinion can be issued even where minor amendments would have to be made to the application documents for the application to be granted. So long as no prior art within the meaning of Art. 54(3) is found in any subsequent top-up search, the examining division can issue the Rule 71(3) communication and propose these minor amendments there (see C‑V, 1.1).

The applicant does not have to respond to a positive search opinion (see B‑XI, 8).

It is not possible at the search stage to officially designate an examining division, because the Receiving Section is still responsible for the application (Art. 16). However, the prospective members of the examining division will already be known and the search division will consult them to check that they agree to the issue of a positive search opinion.