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D
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E
How to get a European patent
A. General overview
B. The EPO as a PCT receiving Office
C. The EPO as an International Searching Authority
D. The EPO as an International Preliminary Examining Authority
E. Euro-PCT procedure before the EPO as a designated or elected Office
Annexes
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When may the EPO refuse to conduct a (full) search?
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88
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For several reasons the EPO as ISA may refuse or will not be able to perform a (full) international search. Such refusal may relate to, eg, the subject-matter of the application, non-compliance with requirements regarding the description, claims or drawings of the application (see point 91), missing sequence listings (see point 94) or lack of unity of invention (see point 95 ff).
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If no search at all is performed, the EPO as ISA will establish a "declaration of non-establishment" instead of an ISR and give reasons for the decision in that declaration and in the WO-ISA.
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89
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The EPO is not required to perform an international search and to establish an ISR if the application relates to subject-matter which is not regarded as an invention or susceptible of industrial application or which is excluded from patentability under the EPC provisions. Here, the criteria applied for the decision not to perform an international search are the same as for the European procedure (see EPO Guide I, 29 ff). This means that the discretion of the ISA not to search subject- matter set forth in Rule 39.1 PCT is used by the EPO as ISA only to the extent that such subject-matter is not searched under the provisions of the EPC.
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Art. 17(2)(a)(i) PCT
R. 39.1 PCT
WIPO PCT Guide 279, 280
Agreement EPO-WIPO, Art. 4 and Annex B
GL/EPO B-VIII,
1-3
OJ 2002, 260
OJ 2001, 601
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