5. Supplementary European search

A supplementary European search is dispensed with only for applications for which the EPO acted as (S)ISA in the international phase and for a very limited group of applications filed before 1 July 2005 (A‑XIV, 1.1).

For all other Euro-PCT applications, the EPO will therefore perform a supplementary European search and issue the European search report and search opinion, or a declaration of no search, accordingly (B‑II, 4.3; B‑XI, 1 and 2). The first communication is issued as set out in C‑III, 4. Once the supplementary European search report has been drawn up, the European Patent Bulletin will mention the date of its dispatch in Part I.1(4). The supplementary European search report itself is not published but is available via public file inspection (A‑XIII, 11.3). See A XIV, 5.1 on cases where the application documents which are to serve as the basis for the supplementary European search do not comply with the requirement of unity of invention. All amendments and comments filed with the EPO as designated/elected Office up to expiry of the six-month period under Rule 161(1) will be taken into account in drawing up the supplementary European search report and the search opinion. If several sets of amendments are filed as the basis for the European phase processing, the supplementary European search will be based on the last set of claims filed up to expiry of this period (A‑XIV, 2.1). Any claims for which a claim fee due has not been paid will not be searched (A‑XIV, 2.2).

Like any other European search report, the supplementary European search report is accompanied by an opinion under Rule 62 (ESOP) on whether the application and the invention to which it relates meet the requirements of the EPC. The procedures under Rules 62a and Rule 63 also apply where a supplementary European search is performed (OJ EPO 2009, 533; OJ EPO 2017, A106) (B‑II, 4.3; B‑VIII, 3.4).

For the procedure in respect of a categorical request for examination, as provided for in Rule 10(4), where the applicant waives the right to the communication under Rule 70(2), see A‑XIV, 5.2.

If third-party observations were filed during the international phase and forwarded by the IB to the EPO as designated/elected Office, they will be considered in the (extended) supplementary European search report, provided they are substantiated and meet all formal requirements. Furthermore, provided they were not filed anonymously, and the third party has explicitly so requested, the EPO will expedite the issuing of the first office action in examination (OJ EPO 2017, A86).

See B‑X for more information on the supplementary search report and B‑XI for general information on the search opinion.