EPO Announces More Flexible Search Procedure...

When the amended European Patent Convention (EPC2000) came into effect in 2007, various of the EPO's Rules were amended in the name of simplification. That included changes to the rule governing handling of Euro-PCT patent applications following a finding of lack of unity in a European Supplementary Search (a search carried out when a PCT application enters the European regional phase, in the case where the PCT application was previously searched by an International Searching Authority other than the EPO). Current rule 164 EPC sets out that only the first invention mentioned in the claims is to be searched. In order for protection to be obtained for additional inventions, it is necessary to file a divisional application (at considerable cost). This approach is out of line with the treatment of direct EP applications and many stakeholders have found it unfair.