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[FYI] EPO will not search pure business methods under PCT



http://www.epo.co.at/news/pressrel/2001_08_13_e.htm

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It has become apparent in recent months that an ever increasing 
number of international applications for which the EPO is to act as 
International Searching Authority and International Preliminary 
Examining Authority relate primarily to methods of doing business and 
commonplace features relating to their technological implementation.  

For the avoidance of doubt the EPO wishes to remind applicants that 
pursuant to Rule 39.1(iii) PCT it will not carry out an international 
search on an application to the extent that its subject-matter 
relates to no more than a method of doing business, in the absence of 
any apparent technical effect.  

Moreover, claims to commonplace technological implementations of such 
methods will not be searched because it would not serve any useful 
purpose to do so.  

In such cases a declaration will be issued that no international 
search report will be established or where appropriate that a partial 
search report only will be established pursuant to Article 17(2) PCT. 
 
This may well have consequences for the procedure before the EPO as 
IPEA in view of the fact that claims relating to inventions for which 
no international search report has been established need not be the 
subject of international preliminary examination (Rule 66.1(e) PCT). 
Furthermore the EPO is not required to carry out an international 
preliminary examination on an application if its subject-matter is a 
method of doing business (Rule 67.1(iii) PCT).  

The EPO also wishes to remind applicants that methods of doing 
business per se are excluded from patentability pursuant to Article 
52(2)(c) & (3) EPC. Claims to such methods and their commonplace 
technological implementation in European patent applications will not 
be searched because it would not serve any useful purpose to do so. 
In such cases no search report will be established or where 
appropriate a partial search report only will be established pursuant 
to Rule 45 EPC.  

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