67

The EPO has limited its competence as ISA under certain conditions. The EPO will not carry out an international search in respect of any international application filed by a national or resident of the United States of America with the United States Patent and Trademark Office (USPTO) as receiving Office where such application contains one or more claims relating to the field of business methods as defined in the Notice from the President of the EPO dated 26 November 2001 (see also point 90). Moreover, where the IB acted as receiving Office (see point 66), the EPO is not competent as ISA if the international application could have been filed with the USPTO as receiving Office, unless the application could have been filed also with the EPO as receiving Office.