3.1
Discoveries 

Rules 39.1 and 67.1 do not explicitly exclude an international search or international preliminary examination on discoveries from being carried out by the ISA or IPEA, respectively. However, under the Agreement between the EPO and WIPO these fall within the EPO's discretion to exclude matter which would be excluded under Art. 52(2)(a) and Art. 52(3) EPC. Section G‑II, 3.1, in the Guidelines for Examination in the EPO applies mutatis mutandis.

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