Guidelines for Examination
PART B
CHAPTER IV SEARCH PROCEDURE AND STRATEGY
2. Search strategy
2.1 Subject of the search; restrictions
 

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PART B
CHAPTER IV SEARCH PROCEDURE AND STRATEGYCHAPTER IV SEARCH PROCEDURE AND STRATEGY
2. Search strategy2. Search strategy
       2.2 Formulating a search strategy2.2 Formulating a search strategy  
 

2.1

Subject of the search; restrictions

 

Having determined the subject of the invention as outlined in IV, 1.1, it may be desirable for the examiner to prepare first a search statement, defining the subject of his search as precisely as possible. In many instances one or more of the claims may themselves serve this purpose, but they may have to be generalised in order to cover all aspects and embodiments of the invention. At this time, the considerations relating to subjects excluded from patentability (see VIII, 1 and 2) and to lack of unity of invention (see VII, 1.1) should be borne in mind. The examiner may also have to restrict the search because the requirements of the EPC are not met to such an extent that a meaningful search is impossible (see VIII, 3). Any such restrictions to the search must be indicated in the partial search or declaration taking the place of the search report under Rule 45. The declaration should indicate the reasons for the restrictions (see X, 8(iii)). The declaration or the partial search report is considered, for the purposes of subsequent proceedings, as the search report.

 

Rule 45