European Patent Convention · Search and examination procedure
Rule 63 EPC: Incomplete search
Annotated by Mahish Guru, Co-founder and CEO, PatentAssist.ai
Updated
Text of Rule 63 EPC
(1) If the European Patent Office considers that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed, it shall invite the applicant to file, within a period of two months, a statement indicating the subject-matter to be searched.
(2) If the statement under paragraph 1 is not filed in due time, or if it is not sufficient to overcome the deficiency noted under paragraph 1, the European Patent Office shall either issue a reasoned declaration stating that the European patent application fails to such an extent to comply with this Convention that it is impossible to carry out a meaningful search regarding the state of the art on the basis of all or some of the subject-matter claimed or, as far as is practicable, draw up a partial search report. The reasoned declaration or the partial search report shall be considered, for the purposes of subsequent proceedings, as the European search report.
In plain English
Rule 63 applies when the claims are so far from meeting the EPC that a meaningful search is impossible for some or all of them. Typical triggers are claims to excluded subject matter (pure business methods, for example), claims so unclear that their scope cannot be determined, claims defined only by unusual parameters, and medical method claims that cannot easily be reworded into an allowable form (Guidelines B-VIII, 3.1).
Before limiting the search, the search division must invite you to state, within two months, what should be searched. The invitation gives reasons and may suggest what it could search.
If you do not reply, or your statement does not overcome the problem, the EPO issues either a declaration that no meaningful search is possible or a partial search report. Either one counts as the European search report for the rest of the procedure.
The consequences reach into examination. Unless the examining division finds the objection unjustified, you must restrict the claims to the searched subject matter (Rule 63(3)), you cannot amend to unsearched subject matter (Rule 137(5)), and unsearched subject matter left in the description is objected to under Article 84. A declaration of no search usually means the examining division will refuse the application unless you persuade it otherwise.
Deadlines and fees
| Step | Time limit | Basis |
|---|---|---|
| Statement of subject matter to be searched | 2 months from the invitation; no further processing | Rule 63(1); Rule 135(2) |
Common objections
Claims cannot be searched
Answer with a concrete statement: identify the technical features and embodiments to be searched, with references to the description, and give reasons why the claims are clear or technical enough.
Drafting and prosecution tips
- Treat a Rule 63 invitation as a draft refusal: reply in substance, not with a bare disagreement.
- Point to specific embodiments with technical features, so that at least a meaningful partial search is done.
- Draft claims with defined parameters and measurement methods to avoid the problem in the first place.
Related provisions
- Rule 62a EPC · Applications containing a plurality of independent claims
- Article 52 EPC · Patentable inventions
- Article 84 EPC · Claims
- Rule 137 EPC · Amendment of the European patent application
In the Guidelines for Examination (2026)
PatentAssist guides
EPC excerpts are quoted from the European Patent Convention, 17th edition, as amended and published by the European Patent Office. Practice notes follow the Guidelines for Examination in the EPO (April 2026) and the Boards of Appeal decisions cited. Fees are those in force from 1 April 2026. This is general information, not legal advice: check the official text and confirm deadlines with a European patent attorney.