Guidelines for Examination
PART B
CHAPTER XII THE SEARCH OPINION
2. Basis of the search opinion
 

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PART B
CHAPTER XII THE SEARCH OPINIONCHAPTER XII THE SEARCH OPINION
  1. Search opinion is part of the EESR1. Search opinion is part of the EESR     3. Analysis of the application and content of the search opinion3. Analysis of the application and content of the search opinion  
 

2.

Basis of the search opinion

 

Where the application is a European application not derived from an International application, the applicant cannot amend his application before the search report has been communicated to him. Consequently, in these cases, the search opinion will always relate to the application documents as originally filed.

 

Art. 123(1)

Rule 86(1)



However, where the application under consideration derives from an International application and is subject to a supplementary search according to Art. 157(2)(a) (see II, 4.3), the applicant will have had the opportunity to amend his application both in the International phase and also upon entry into the European phase. The search opinion will then be based on the application documents constituting the latest filed request from the applicant (this may involve the cancellation of amendments previously filed and consequent reversion in part or in full to an earlier set of application documents). The supplementary search report is also based on these application documents (see II, 4.3 and III, 3.3).

 

Rule 109

Rule 107(1)(b)

Art. 19 PCT

Art. 34(2)(b) PCT