5.3 Documents newly found in the top-up search, when further objections are present 

If the top-up search reveals pertinent prior art, according to present practice a WO‑IPEA or a telephone consultation is the first action in Chapter II (see GL/PCT‑EPO C‑IV, 2.2). If a positive WO‑ISA was drafted or the objections in the negative WO‑ISA have been overcome by the applicant's amendments/arguments, see GL/PCT‑EPO C‑IV, 5.4.

The documents found are indicated as follows:

(a)If the newly found documents are published after the filing date (E documents) and are relevant for novelty, they are mentioned in Section VI of the WO‑IPEA and IPER (for the level of detail see GL/PCT‑EPO B‑XI, 4.3).

(b)If the newly found documents are published before the priority date and are relevant for novelty and/or inventive step, they are mentioned in Section V of the WO‑IPEA and IPER and detailed reasoning is provided. 

(c)If the newly found documents are published in the priority period (P documents) and are relevant for novelty and/or inventive step, and if the priority is (assumed to be) valid, the documents are mentioned in Section VI of the WO‑IPEA and IPER; comments are optional (see GL/PCT‑EPO B‑XI, 4.2). This applies only if there are other objections; otherwise, see GL/PCT‑EPO C‑IV, 5.4.

(d)If the newly found documents are published in the priority period (P documents) and are relevant for novelty and/or inventive step, and if the priority is invalid, the documents are mentioned in Section V of the WO‑IPEA and IPER and detailed reasoning is provided. 

Documents found during the top-up search and mentioned in the WO‑IPEA will also be mentioned in the IPER, unless rendered irrelevant by amendments or arguments provided by the applicant during the international preliminary examination. It will be always indicated in Box I of the IPER that additional relevant documents were found during the top-up search.