Guidelines for Examination
PART B
CHAPTER VI THE STATE OF THE ART
5. Date of reference for documents cited in the search report; filing and priority date
5.4 Documents published after the filing date
 

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PART B
CHAPTER VI THE STATE OF THE ARTCHAPTER VI THE STATE OF THE ART
5. Date of reference for documents cited in the search report; filing and priority date5. Date of reference for documents cited in the search report; filing and priority date
  5.3 Doubts as to the validity of the priority claim; extension of the search5.3 Doubts as to the validity of the priority claim; extension of the search     5.5 Non-prejudicial disclosures5.5 Non-prejudicial disclosures  
 

5.4

Documents published after the filing date

 

The search does not normally take into consideration documents published after the filing date of the application. However, some extension is necessary for specific purposes, as is apparent from VI, 2 to 4, and VI, 5.3.

 

Certain other situations may occur in which a document published after the filing date is relevant; examples are a later document containing the principle or theory underlying the invention, which may be useful for a better understanding of the invention, or a later document showing that the reasoning or the facts underlying the invention are incorrect (see Art. 84 and C-III, 6.3). The search should not be extended for this purpose, but documents of this nature known to the examiner could be selected for citation in the report (see X, 9.2(v)).