European search report
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142
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While the formalities examination is in progress, the European search is performed. As already mentioned (point 17), the EPO will make every effort to speed up the search if you request this when filing the application (see Annex II, point 2). For European first filings see point 18.
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Art. 92
R. 44
Guid. B
OJ 2001, 459
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The search report is drawn up on the basis of the claims, with due regard to the description and any drawings. It mentions the documents available to the EPO when it is drawn up which may be taken into consideration in assessing novelty and inventive step. It does not give reasons or express any opinions on the patentability of the invention to which the application relates.
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On 1 July 2003 the EPO launched a pilot project for European first filings, which involves issuing to the applicant, together with the search report, an opinion on whether the application and the invention to which it relates meet the requirements of the EPC (Extended European Search Report). This non-binding opinion on patentability is issued free of charge as a service.
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OJ 2003, 206
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143
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Immediately after it has been drawn up, the European search report is transmitted to you together with copies of any cited documents. If you require a second copy of the documents, you can obtain it by placing a cross in the appropriate box on the Request for Grant form (refer to point 48 and Section 40 of the Request for Grant, see Supplements) when filing the application and by paying the prescribed administrative fee.
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Art. 92(2)
Guid. B-X
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144
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Having received the search report, you may withdraw the application if you think it has no chance of success. If you decide to pursue the patent grant procedure (see point 152), you have an opportunity to amend the application to reflect the results of the search (see points 170-175).
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145
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If the search division considers that the application does not comply with the requirement of unity of invention (see point 69), it draws up a European search report on those parts which relate to the invention first mentioned in the claims. It informs you that if the search report is to cover the other inventions, you must pay a further search fee in respect of each of them within a period that it specifies.
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R. 46
Guid. B-VII
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If you do not respond to this invitation, and if the examining division considers the search division's objection justified, you are deemed to want the application to proceed in respect of the invention for which the search report has been drawn up. The application must not include claims for subject-matter for which a further search fee has not been paid. You may however file a divisional application for such subject-matter (see points 199-203).
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Guid. C-III, 7.10;
Guid. C-VI, 3.2a
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Any further search fees paid will be refunded on request if it emerges during examination proceedings that the search division's payment demand was not justified.
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146
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Upon drawing up the European search report, the search division determines the definitive content of the abstract and transmits it to you together with the search report.
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R. 47
Guid. B-X, 7;
Guid. B-XI, 4-6
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D. The European patent grant procedure
Formalities examination
