2.5 Instructions in Chapter A‑VI ("Publication of application; request for examination and transmission of the dossier to examining division")
2.5.3 Supplementary European search
See B‑X for general information on the supplementary search report and B‑XI for general information on the search opinion.
If a supplementary European search report has to be drawn up in respect of an international application which is deemed to be a European patent application, the applicant is entitled to receive the invitation provided for in Rule 70(2) (see A‑VI, 2.2, third paragraph, and J 8/83). A time limit of six months from the notification of this communication is set for filing the confirmation required under Rule 70(2) and for response to the search opinion accompanying the supplementary European search report (Rule 70a(2) and the notice from the EPO dated 15 October 2009, OJ EPO 2009, 533; see also B‑XI, 8). Applicants making use of EPO Form 1200 for entry into the European phase may waive the right to be asked whether they wish to proceed further by ticking a checkbox in section 12.2 (see the notice from the EPO dated 7 July 2017, OJ EPO 2017, A74), in which case the procedure under B‑XI, 7 applies.
The supplementary European search is based on the last set of claims filed up to expiry of the period set under Rule 161(2) for which any claims fee due is paid (see E‑IX, 3.1).
The procedures under Rules 62a and Rule 63 apply correspondingly to the supplementary European search (see B‑VIII).