No search declaration

The European Patent Office used to reject to perform a search by objecting that these applications claim the mere automation of a (often known) way of doing business and do not contain any searchable (technical) subject matter. (Rule 45 EPC, “No search declaration”.) However, since the decisions T1242/04, Bereitstellung produktspezifischer Daten/MAN, confirmed in T690/06, Financial records/Aukol, of respectively 20 Oktober 2006 and 24 april 2007, Rule 45 only applies in exceptional cases where no technical features are present at all, or the technical features do not play “a significant role” [needs rephrasing]. The Examining Division should not refuse an application for lack of inventive step, as long as no search has been performed.