In relation to searches carried out for European patent applications, the subject-matter listed in Rule 39.1 PCT may be considered under the EPC either not to be susceptible of industrial application (Art. 57) or, to the extent to that the European patent application relates to that subject-matter as such, to be excluded from patentability under Art. 52(2) to (4), or to constitute an exception to patentability under Art. 53(b) and with the exception of certain cases of methods of treatment (see VIII, 2), the claims are not searched in as far as they relate to such subject matter. For the specific case of compositions for use in methods of treatment of the human or animal body, see VIII, 2, below.

While a decision on these matters rests with the Examining Division, opinions on these matters are formed by the Search Division for the purpose of drafting the search opinion (if applicable, see XII, 8) and also in considering possible limitations of the search. The Search Division has thus to consider the requirements for patentability other than novelty and inventive step, as set out in C-IV, 2 to 4.

The above-mentioned situations may also occur for only some of the claims or for part of a claim. In these cases, this will be indicated in the partial search or the declaration taking the place of the search report under Rule 45.