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[BrkRn]

Hello all,

I was checking forum for a long time and now I have a question to ask

In one of our applications, the examiner cited a non-patent document in European Search Report. And I need to prepare a search report response.

Non-patent document is "Database WPI Week 200770 Thomson Scientific, London, GB; AN 2007-748217 XP002565255 & KR2007 013 702 A"

As far as I know It is kind of a magazine that Thomson Scientific publishes like every week for Derwent World Patent Indexes. 

Is there any way that I can find this document online? I have tried but not able to find it yet.

Is there any way to success that I can ask to EPO or to examiner about sending me the related part of document?

I also bought the Derwent Record of that Korean Patent KR2007013702 but I couldn't find the sections that examiner has cited.

Thank you for your help
Burak

[bartmans]

Burak,

If the European Examiner has cited the document in the search report, the EPO should also provide a hard copy of the document. They will always provide the applicant with all documents that have been cited in the search report. If they omitted to do so, you can request a copy and they are obliged to provide it.

For electronic availability, you should access the Derwent WPI (World Patents Index) database, for which you need to have a subscription with Thomson itself or with any of the database hosts that provide WPI, like Questel/Orbit, Dialog, etc.

[DogDayPM 9er9er9er]

Bart, would Burak's non-patent document also be available from the file history section of the EPO online? (Link below).  I know that the US Patent Office does not make non-patent docs available through the regular public portal, but I thought that the EPO did do so?


https://register.epoline.org/espacenet/regviewer

[bartmans]

DDPM,

No, the EPO generally does not put the documents that are cited in a search report into the file. This would be different for documents that are sent to the EPO by the applicants themselves or by opponents in an opposition or appeal file.

[DogDayPM 9er9er9er]

Bart, thanks.  With your response, now I do recall that the NPL that I have seen in the e-files is pretty much only opposition-generated documents of the proprietor or opponent.

[BrkRn]

Thanks a lot for replies.

I haven't got hard copies. Maybe they are still at our representative company or in the messy desk of my colleague who I have taken over some of his work. This patent is one of them.

Since we are using Delphion, according to Bart's advice I just have bought the Derwent Record from there.

Thanks for you help.