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Rule 63

Incomplete search

- OJ 6/2010, 352

- OJ 11/2009, 533  

Guidelines

B II 4.2

B III 3.11

B IV 2.1

B VIII 1.

B VIII 3.

B X 8.

F III 1.

H II 2.3

(1) If the European Patent Office considers that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file, within a period of two months, a statement indicating the subject-matter to be searched.

B VIII 3.1

(2) If the statement under paragraph 1 is not filed in due time, or if it is not sufficient to overcome the deficiency noted under paragraph 1, the European Patent Office shall either issue a reasoned declaration stating that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subjectmatter claimed or, as far as is practicable, draw up a partial search report. The reasoned declaration or the partial search report shall be considered, for the purposes of subsequent proceedings, as the European search report.

B VIII 3.1

B VIII 3.2.2

(3) When a partial search report has been drawn up, the Examining Division shall invite the applicant to restrict the claims to the subject-matter searched unless it finds that the objection under paragraph 1 was not justified

H II 5.

Inserted by Decision of the Administrative Council of 25 March 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 3/09), entered into force on 01.04.2010 (OJ 5/2009, 300).

Related provisions

Case Law

Articles

Rules

EBoA

BoA

Search

Art. 84

Art. 92

R. 65

R. 137

CBA IV.B.4.1

BoA decisions