(1) Upon request, the German Patent and Trade Mark Office conducts a search regarding the state of the art which is to be given due consideration in respect of the assessment of the patentability of the invention filed and performs a preliminary assessment of the patentability of the invention filed in accordance with sections 1 to 5 and whether the application meets the requirements of section 34 (3) to (5) (search). Where the search regarding the state of the art has been fully delegated to an international entity or entirely or partially for certain technical subject areas (subsection (8) no. 1), a request may be filed for the searches to be conducted in such a manner that the applicant may also use the search result for a European application.
(2) The request may be filed only by the patent applicant. It must be submitted in writing. Section 25 applies accordingly.
(3) Receipt of the request is published in the Patent Gazette, although not before the information has been published pursuant to section 32 (5). Any person is entitled to provide the German Patent and Trade Mark Office with such information regarding the state of the art which could prejudice the grant of a patent.
(4) The request is deemed not to have been filed if a request in accordance with section 44 has already been filed. In such cases the German Patent and Trade Mark Office informs the patent applicant when it received the request in accordance with section 44. The fee paid in accordance with the Patent Costs Act for the search in accordance with section 43 is refunded.
(5) If a request under subsection (1) has been received, later requests are deemed not to have been filed. Subsection (4) sentences 2 and 3 applies accordingly.
(6) If, following the filing of a search request, the German Patent and Trade Mark Office establishes that the application does not meet the requirements of section 34 (5), it conducts the search for that part of the application referring to the invention or group of inventions described first in the patent claims so linked as to form a single general inventive concept.
(7) The German Patent and Trade Mark Office communicates to the applicant the result of the search in accordance with subsection (1), taking account of subsection (6), without any guarantee of completeness (search report). It publishes, in the Patent Gazette, the fact that this communication has been made. No legal remedy is available against the search report. If a search regarding the state of the art has been carried out by an international entity and if the applicant has filed a request within the meaning of subsection (1) sentence 2, this is indicated in the communication.
(8) In order to expedite the proceedings for the grant of a patent the Federal Ministry of Justice and Consumer Protection is authorised to determine, by statutory instrument, that
1. the search regarding the state of the art referred to in subsection (1) is to be delegated to a department in the German Patent and Trade Mark Office other than the examining section (section 27 (1)), to another state or international entity, either in full or for specific technical subject areas or for specific languages, provided that such entity appears suited to searching the state of the art which is to be taken into consideration;
2. the German Patent and Trade Mark Office provides foreign or international authorities with information from files referring to patent applications for the purpose of mutual information regarding the outcome of examination procedures and of searches regarding the state of the art if the information refers to inventions for which an application for the grant of a patent has also been filed with these foreign or international authorities;
3. the examination of patent applications in accordance with section 42 and the monitoring of fees and time limits is delegated in full or in part to units in the German Patent and Trade Mark Office other than the examining sections or Patent Divisions (section 27 (1)).