A preliminary search report is drawn up. It cites the documents that may be taken into consideration to assess the patentability of the invention, which is the subject of the patent application. It is accompanied by an opinion on the patentability of the invention with regard to the documents cited. This opinion shall be accessible to third parties in the patent application file.
The preliminary search report and the opinion shall be drawn up on the basis of the claims filed, taking into account the description and, where appropriate, the drawings.
Each citation shall be made in relation to the claims to which it relates. If necessary, the relevant parts of the cited document are identified, indicating in particular the page, column and lines or figures.
The preliminary search report distinguishes between cited documents which were published before the priority date, between the priority date and the filing date, on the filing date and subsequently.
Any document referring to an oral disclosure, usage or other disclosure that occurred prior to the filing date of the patent application shall be cited in the preliminary search report, specifying the date of publication of the document and the date of the unwritten disclosure.