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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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Refusal to perform preliminary examination
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147
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The EPO as IPEA will not perform an international preliminary examination on any claim for which no international search was performed (see point 89 ff). In this context it is not relevant whether or not the applicant files arguments and/or amendments that, allegedly, overcome the reasons for the decision of the ISA not to search the claims concerned.
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Art. 17(2)(a) PCT
R. 66.1(e), 66.2(a)(vi) PCT
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148
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Further, the EPO as IPEA will make use of its discretion not to carry out preliminary examination if the application relates to subject-matter listed in Rule 67 PCT to the extent that such subject-matter is not regarded as an invention or susceptible of industrial application or which is excluded from patentability under the provisions of the EPC. Also, if the application fails to comply with the prescribed requirements to such an extent that no meaningful opinion can be formed on novelty, inventive step or industrial applicability, no preliminary opinion on these questions will be established.
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Art. 34(4) PCT
R. 67 PCT
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