Chapter X – Search report
1. General
The search report records the results of the search. Its scope is limited in the following cases:
(i)claims are treated as abandoned because the claims fees were not paid (Rule 45(3), see B‑III, 3.4)
(ii)no search was possible and so a declaration under Rule 63 is issued instead (see B‑VIII)
(iii)a partial search report is issued under Rule 63 and/or Rule 62a (see B‑VIII)
(iv)a partial European search report is issued owing to a lack of unity under Rule 64(1)
(v)a supplementary European search report under Art. 153(7) is incomplete for the reasons given in (i) or (iii) (Rule 162(4) applies if there are unpaid claims fees) or is replaced by a declaration for the reason in (ii).
The search reports issued in cases (i) – (iii) (and (v) where incomplete for one of the reasons in (i) – (iii)) are sent to the applicant, published and used as a basis for the examination by the examining division. A partial search report issued under Rule 64(1) (case (iv)) is also transmitted to the applicant, but not published; however, it can still be inspected by the public as it is included in the electronic file accessible via the European Patent Register (see A‑XI, 2).
Except in the cases mentioned in B‑XI, 7, European search reports and supplementary European search reports are accompanied by a search opinion giving the search division's view on whether the application and the invention concerned seem to meet the requirements of the EPC (see B‑XI, 1.1). Together, the European search report or supplementary European search report and the search opinion make up the extended European search report (EESR).
The search division is responsible for drawing up the European search report. It is also responsible for drafting international search reports and search reports on behalf of the industrial property offices of some EPC contracting states (see B‑X, 2 and B‑II, 4.4 to B-II, 4.6).
This chapter provides the information the search division needs to properly draw up the search report.
A search report must not contain anything, in particular any expressions of opinion, reasoning, arguments or explanations, beyond what has to be entered on the form used and the opinions mentioned in B‑III, 1.1 and B-III, 1.2 or B‑X, 9.2.8. However, this does not apply to the search opinion (see B‑XI, 3).