4. EPO was not (S)ISA − Rule 161(2)

Where the EPO did not act as (S)ISA in the international phase, and a supplementary European search must be performed (A‑XIV, 1.1; B‑II, 4.3.2), a communication under Rules 161(2) and 162 will be issued (Form 1226CC). Any comments and amendments submitted under Rule 161(2) are voluntary (A‑XIV, 2.1.1).

Since the right to comment and amend is provided for in the PCT, any comments and amendments, including any made in response to an (S)ISR and/or IPER drawn up by an authority other than the EPO, must be duly taken into account in drawing up the supplementary European search report (A‑XIV, 2.1; B‑II, 4.3; B‑XI, 2).