PART B
GUIDELINES FOR SEARCH
PART B
CONTENTS
|
1.
|
Purpose of Part B
|
|
2.
|
Search Division
|
|
3.
|
Search work
|
|
4.
|
The Extended European Search Report (EESR)
|
|
1.
|
Search and substantive examination
|
|
2.
|
Objective of the search
|
|
3.
|
Search documentation
|
|
4.
|
Search report
|
|
4.1
|
European searches
|
|
4.2
|
Additional European searches
|
|
4.3
|
Supplementary European searches
|
|
4.4
|
|
International (PCT) searches
|
|
4.5
|
International-type searches
|
|
4.6
|
Searches on national applications
|
|
1.
|
The objective of the search
|
|
1.1
|
Opinions in relation to the search report
|
|
1.2
|
Opinions on matters relating to the limitation of the search
|
|
2.
|
Scope of the search
|
|
2.1
|
Completeness of the search
|
|
2.2
|
Effectiveness and efficiency of the search
|
|
2.3
|
Special documents to be consulted
|
|
2.4
|
Search in analogous fields
|
|
3.
|
The subject of the search
|
|
3.1
|
Basis for the search
|
|
3.2
|
Interpretation of claims
|
|
3.3
|
Amended claims
|
|
3.4
|
Abandonment of claims
|
|
3.5
|
Anticipation of amendments to claims
|
|
3.6
|
Broad claims
|
|
3.7
|
Independent and dependent claims
|
|
3.8
|
Search on dependent claims
|
|
3.9
|
Combination of elements in a claim
|
|
3.10
|
Different categories
|
|
3.11
|
Subject-matter excluded from search
|
|
3.13
|
Technological background
|
|
1.
|
Procedure prior to searching
|
|
1.1
|
Analysis of the application
|
|
1.2
|
Formal deficiencies
|
|
1.3
|
Documents cited in the application
|
|
1.4
|
Abstract; official classification; title of the invention; publication
|
|
2.
|
Search strategy
|
|
2.1
|
Subject of the search; restrictions
|
|
2.2
|
Formulating a search strategy
|
|
2.3
|
Carrying out the search; types of documents
|
|
2.4
|
Reformulation of the subject of the search
|
|
2.5
|
Closest prior art and its effects on the search
|
|
2.6
|
End of search
|
|
3.
|
Procedure after searching
|
|
3.1
|
Preparation of the search report
|
|
3.2
|
Documents discovered after completion of the search
|
|
3.3
|
Errors in the search report
|
|
CHAPTER V
|
PRECLASSIFICATION (ROUTING) AND OFFICIAL CLASSIFICATION OF EUROPEAN PATENT APPLICATIONS
|
|
1.
|
Definitions
|
|
2.
|
Preclassification (routing)
|
|
3.
|
Incorrect preclassification
|
|
4.
|
Official classification of the application
|
|
5.
|
Classification of late-published search reports
|
|
6.
|
Classification when the scope of the invention is not clear (e.g. a partial search)
|
|
7.
|
Classification in cases of a lack of unity of invention
|
|
8.
|
Verification of official classification
|
|
1.
|
General
|
|
2.
|
State of the art - oral disclosure, etc.
|
|
3.
|
Priority
|
|
4.
|
Conflicting applications
|
|
4.1
|
Potentially conflicting European and international applications
|
|
4.2
|
National earlier rights
|
|
5.
|
Date of reference for documents cited in the search report; filing and priority date
|
|
5.1
|
Verification of claimed priority date(s)
|
|
5.2
|
Intermediate documents
|
|
5.3
|
Doubts as to the validity of the priority claim; extension of the search
|
|
5.4
|
Documents published after the filing date
|
|
5.5
|
Non-prejudicial disclosures
|
|
6.
|
Contents of prior-art disclosures
|
|
6.1
|
General remark
|
|
6.2
|
Citation of documents corresponding to documents not available or not published in one of the official EPO languages
|
|
1.
|
General remarks
|
|
1.1
|
Partial European search report
|
|
1.2
|
Invitation to pay further search fees
|
|
1.3
|
Documents relevant only to other inventions
|
|
2.
|
Procedures in cases of lack of unity
|
|
2.1
|
Request for refund of further search fee(s)
|
|
2.2
|
Decision with respect to unity of invention
|
|
2.3
|
Complete search despite of lack of unity
|
|
2.4
|
Supplementary European search
|
|
1.
|
General remarks
|
|
2.
|
Methods for treatment of the human or animal body; diagnostic methods
|
|
3.
|
No meaningful search possible
|
|
1.
|
General
|
|
1.1
|
Organisation and composition of the documentation available to the Search Divisions
|
|
1.2
|
Systematic access systems
|
|
1.3
|
Numerical lists
|
|
2.
|
Patent documents arranged for systematic access
|
|
2.1
|
PCT minimum documentation
|
|
2.2
|
Other national patent documents
|
|
2.3
|
Unpublished patent applications
|
|
2.4
|
Search reports
|
|
2.5
|
Arrangements for manual search
|
|
2.6
|
Patent family system
|
|
3.
|
Non-patent literature arranged for systematic access
|
|
3.1
|
Periodicals, records, reports, books, etc.
|
|
3.2
|
Arrangements for manual search
|
|
4.
|
Patent documents in the library collection of the Netherlands Industrial Property Office (Bureau voor de Industriële Eigendom)
|
|
4.1
|
Numerically arranged collection of patent documents
|
|
4.2
|
Arrangement
|
|
4.3
|
Systematically arranged patent documents
|
|
4.4
|
Form of use
|
|
5.
|
Non-patent literature arranged for library-type access
|
|
5.1
|
Composition
|
|
5.2
|
Arrangement and location
|
|
5.3
|
Collection of the Netherlands Industrial Property Office (Bureau voor de Industriële Eigendom)
|
|
6.
|
Search documentation at the various EPO sites
|
|
6.1
|
Electronic search documentation
|
|
6.2
|
Search documentation in paper form
|
|
7.
|
Search documentation in national offices carrying out transferred searches on behalf of the EPO
|
|
7.1
|
Electronic search documentation provided by the EPO
|
|
7.2
|
Additional search documentation in national patent offices
|
|
1.
|
General
|
|
2.
|
Different types of search reports drawn up by the EPO
|
|
3.
|
Form and language of the search report
|
|
4.
|
Identification of the patent application and type of search report
|
|
5.
|
Classification of the patent application
|
|
6.
|
Areas of technology searched
|
|
7.
|
Title, abstract and figure(s) to be published with the abstract (as indicated on supplemental sheet A)
|
|
8.
|
Restriction of the subject of the search
|
|
9.
|
Documents noted in the search
|
|
9.1
|
Identification of documents in the search report
|
|
9.1.1
|
Bibliographic elements
|
|
9.1.2
|
"Corresponding documents"
|
|
9.1.3
|
Languages of the documents cited
|
|
9.1.4
|
Supplementary search report
|
|
9.2
|
Categories of documents (X, Y, P, A, D, etc.)
|
|
9.3
|
Relationship between documents and claims1
|
|
10.
|
Authentication and dates
|
|
11.
|
Copies to be attached to the search report
|
|
11.1
|
General remarks
|
|
11.2
|
Electronic version of document cited
|
|
11.3
|
Patent family members; the "&" sign
|
|
11.4
|
Reviews or books
|
|
11.5
|
Summaries, extracts or abstracts
|
|
12.
|
Transmittal of the search report and search opinion (if applicable)
|
|
1.
|
Purpose of the abstract
|
|
2.
|
Definitive content
|
|
3.
|
Content of the abstract
|
|
4.
|
Figure accompanying the abstract
|
|
5.
|
Checklist
|
|
6.
|
Transmittal of the abstract to the applicant
|
|
Chapter XI - Annex CHECKLIST FOR CONSIDERING THE ABSTRACT (see XI, 5)
|
|
1.
|
Search opinion is part of the EESR
|
|
1.1
|
The search opinion
|
|
1.2
|
Position of the Examining Division
|
|
2.
|
Basis of the search opinion
|
|
3.
|
Analysis of the application and content of the search opinion
|
|
3.1
|
The examiner's dossier
|
|
3.2
|
Reasoned objections
|
|
3.3
|
Possibility to file comments and amendments
|
|
3.4
|
Extent of first analysis
|
|
3.5
|
Contribution to the known art
|
|
3.6
|
EPC requirements
|
|
3.7
|
Examiner's approach
|
|
3.8
|
Making suggestions
|
|
3.9
|
Positive opinion
|
|
4.
|
Priority claim and the search opinion
|
|
5.
|
Matters of doubt in the state of the art
|
|
6.
|
Unity in relation to the search opinion
|
|
7.
|
The search opinion in cases of a limitation of the search
|
|
8.
|
No search opinion is issued
|
|
9.
|
Reaction to the Extended European Search Report (EESR)
|
|
CHAPTER I INTRODUCTION