5.
Limitation of the search for reasons other than non-unity 

With respect to limitations of the search for reasons other than non-unity (including the issuance of a declaration of no search), the same criteria apply as for any international search carried out by the EPO as ISA (see GL/PCT-EPO B‑VIII, 2, 3 and subsections).

Any such limitation of the search will be indicated in the search report and/or the annexed explanations (of equal value to the information contained in a WO-ISA) as set out in GL/PCT-EPO B‑X, 8, and B‑XI, 6, with the exception that in the case of a declaration of no search (Form PCT/SISA/502) no explanations from the SISA are provided for. For any other limitation of the search, the reasoning will be given only in the explanations annexed to the SISR and an automatic reference thereto will be inserted in the SISR.

Furthermore, the SISA does not have to search claims which were not searched by the main ISA. However, the examiner will not limit the SIS merely on the grounds that the main ISA did so, but will make a case-by-case assessment based on EPO practice to determine whether the limitation made by the main ISA was appropriate under EPO practice.

For non-unity: see GL/PCT-EPO B‑XII, 10.

Quick Navigation