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8.
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Restriction of the subject of the search
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In the following cases, the search report, the declaration or the partial search report will indicate whether the subject of the search was restricted and which claims have or have not been searched:
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(i)
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claims above the number of ten for which no additional fee has been paid (see III, 3.4). The claims not searched are identified. This only applies to European and supplementary European search reports;
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Rule 31(1)
Rule 110(1)
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(ii)
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lack of unity of invention (see VII). The different inventions must be mentioned by indicating their subject matter and the claims relating thereto (in part or in full; see Rule 30(2). For the partial search report (see VII, 1.1), an indication is made that it has been established for the invention first mentioned in the claims. This applies to a priori lack of unity and to a posteriori lack of unity. For the search report which will be drawn up for all those inventions in respect of which search fees have been paid, the different inventions (and corresponding claims in full or in part) which have been searched are indicated in the search report;
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Rule 46(1)
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(iii)
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claims in respect of which a meaningful search cannot or only an incomplete search can be carried out (see VIII). A declaration is made either:
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Rule 45
Art. 52(2), (4)
Art. 53
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(a)
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that a meaningful search has not been possible on the basis of all claims (this declaration replaces the search report); or
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(b)
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that a meaningful search has not been possible for one or more of the claims in part or in full. In this case, the claims concerned are mentioned in the declaration accompanying the partial search report.
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In both cases (a) and (b), the reasons for not carrying out or restricting the search should be indicated (for example: subject-matter not patentable; insufficiently clear claims).
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CHAPTER X SEARCH REPORT
7. Title, abstract and figure(s) to be published with the abstract (as indicated on supplemental sheet...
9. Documents noted in the search
