|
8.
|
No search opinion is issued
| |
|
|
There are two situations where a search report is not accompanied by a search opinion:
|
|
|
(i)
|
Search reports according to Rule 112 are not accompanied by a search opinion. In these cases, the application is already within the competence of the Examining Division (Art. 18(1))
| |
|
|
(ii)
|
Where the applicant has filed the request for examination according to Art. 94(2) before the search report has been communicated to him and has dispensed with the communication according to Art. 96(1) (see C-VI, 1.1.2). In this case, the despatch of the search report to the applicant causes the application to enter the competence of the Examining Division (Art. 18(1)).
| |
|
|
In both of the above cases, where the application contains deficiencies, the Examining Division will issue a communication according to Art. 96(2). Failure to respond to this communication results in deemed withdrawal of the application according to Art. 96(3) (see C-VI, 3.5).
|
|
|
If the application is ready for grant, the procedure is as follows:
|
|
|
(i)
|
Where the search for conflicting applications according to Art. 54(3) (4) was complete:
| |
|
|
The Examining Division will issue a communication according to Rule 51(4)
|
|
|
|
(ii)
|
Where the search for conflicting applications according to Art. 54(3) (4) was not complete:
| |
|
|
The applicant is informed that the application is in order for grant, on condition that no state of the art according to Art. 54(3) (4) is found to exist when the top-up search is completed (see XII, 3.9). This is purely for information and no response from the applicant is required.
|
|
|
CHAPTER XII THE SEARCH OPINION
7. The search opinion in cases of a limitation of the search
9. Reaction to the Extended European Search Report (EESR)
