11. Examination of further formal requirements – non-compliance
11.7 Search results of a priority application (Rule 141)
The applicant must, on entry into the European phase, file the results of any search carried out by or on behalf of the office of first filing for each application whose priority is claimed (A‑III, 6.12). If these results are not available on entry into the European phase, they should be filed without delay after they have become available to the applicant (Rule 141(1)). The obligation under Rule 141(1) exists as long as the application is pending before the EPO, but only if the Euro-PCT application was filed on or after 1 January 2011 (OJ EPO 2009, 585).
See A‑III, 6.12 for the cases where a copy is deemed duly filed in accordance with Rule 141(2).
Where the results are not provided to the EPO before the examining division assumes responsibility, the procedure is as set out in C‑II, 5 and C‑III, 6.