4.3 Supplementary European searches 

An international (PCT) application for which the EPO acts as designated Office or elected Office and which has been accorded an international filing date is deemed to be a European patent application. Where an international (PCT) search report is already available, it will replace the European search report. The search division will then draw up a supplementary European search report or issue a declaration replacing it under Rule 63 except in cases where the Administrative Council has decided that it can be dispensed with (see B‑II, 4.3.1).

The (S)ISA/IPEA (other than the EPO) will have given opinions on the novelty, inventive step and industrial applicability of the claimed invention under Art. 33(1) PCT and possibly also on unity of invention under Art. 34(3) PCT and any subject-matter to be excluded from the international search/preliminary examination under Art. 17(2) PCT/Art. 34(4) PCT. The search division will consider these opinions but is free to diverge from them in its supplementary European search report and its search opinion (if applicable – see B‑XI, 7).

The search division can use the documents cited in the international search report to support its findings (e.g. lack of novelty) in the search opinion (if applicable – see B‑XI, 7).