2.2 Subject-matter according to Rules 39.1(i), (iii), (v) and (vi)
Overview
2.2 Subject-matter according to Rules 39.1(i), Rules 39.1(iii), Rules 39.1(v) and Rules 39.1(vi)
Section B‑VIII, 2.2 in the Guidelines for Examination in the EPO applies mutatis mutandis.
The EPO applies options GL/ISPE A9.07[2] and GL/ISPE A9.15[2] of the Appendix to Chapter 9 of the ISPE Guidelines.
In particular, the EPO as ISA will not carry out an international search on an application to the extent that its subject-matter relates to no more than a method of doing business, in the absence of any apparent technical character.
Nevertheless, if the claimed subject-matter involves technical means, the EPO as ISA will consider the application and to the extent possible provide a search report for those parts of it which are more than mere business methods. However, to the extent that the technical means involved were widely available to everyone at the filing date, no documentary evidence is considered required because they are common knowledge, and no document will be cited in the ISR. Instead, a statement will be added that these technical means are considered so commonplace that no citation is considered necessary.