Translation of "Search opinion" in German

The search opinion should contain details explaining the issue.

The search report for most applications is accompanied by a search opinion.

No search opinion under Rule 62 EPC will be issued if the applicant:

If necessary, it can refer directly in the search opinion to the applicant's reply.

In this case the search opinion contains a statement giving a general positive opinion on the application documents.

The supplementary European search report is accompanied by a European search opinion under Rule 62 EPC .

Where at this stage the only objections which can be raised against the application depend on the priority being invalid, and the priority document (or its translation) is not available, the examiner search division should issue an entirely positive search opinion without objections.

Both the search report and the search opinion should clearly indicate what has been searched.

Upon creation of a European search report, a European search opinion or a clarification request under Rule 62a and/or Rule 63(1), a pre-search algorithm generating a list of documents to be inspected by the examiner search division is triggered.

In these cases, the search division may designate that a patent document appearing after the " & " sign is also copied and forwarded to the applicant (this document will then also be included in the examination file and may be referred to in the search opinion, if applicable).

In such a case, the applicant's response to the search opinion will be taken into account when drafting the annex to the summons.

In this Part B, the term "examiner" is used to mean the examiner entrusted with the search within the Search Division which is responsible for drawing up the search report and the search opinion (seeB?XI).

The documents cited in the search report and referred to in the search opinion will relate only to this subject-matter.

Thus the search opinion covers invention 1 and raises objections as to lack of novelty for the subject-matter of invention 3.).

In these cases, the applicant must respond to the search opinion within the time period set under Rule 70(2).

It is to be noted that where the search report and the search opinion have been drawn up to cover several inventions lacking unity, the applicant is free to select the invention to be examined in the application under consideration.

The two components of the EESR, the search report (or the declaration replacing it) and the search opinion, will indicate the reasons why it was not considered possible to conduct a meaningful search in respect of some or all of the claimed subject-matter according to Rule 63 and will indicate the subject-matter which was searched, if any, as determined according to the procedures given in B?VIII, 3.2.

Even in cases of doubt the document should be cited in the search report in the normal way and relied upon for an appropriate objection in the search opinion.

Where it is held that the application and/or the invention to which it relates does not satisfy the requirements of the EPC, then corresponding objections are raised in the search opinion.

If the applicant does not pay any further search fees within the time limit fixed, no further search is effected and the partial search report becomes the final search report which is accompanied by the search opinion;

In a first stage (search), a search for prior art is performed by the Search Division and a search report including a search opinion is drawn up.

Where the priority of the application can be checked, the search division checks the priority and makes objections in the search opinion based on the "P" documents if the priority is not valid.

The procedure for establishing the ISR and the WO-ISA is similar to that for establishing the European search report and the European Search Opinion (ESOP).