How does an examiner indicate the use of earlier search results in an international search report?

When an examiner takes into account the results of an earlier search while preparing an international search report, there is no specific requirement to indicate this in the report. According to MPEP 1852:

“The forms used in preparing the international search report do not provide for indicating either that the results of an earlier search have been taken into account or the extent to which the results of an earlier search have been taken into account and, accordingly, the examiner need not make such indications in the international search report.”

This means that while the examiner may consider earlier search results, there is no formal mechanism or requirement to explicitly state this consideration in the international search report. The process of taking into account earlier search results typically involves a cursory review of the provided results, followed by a more comprehensive inspection of the cited references if deemed necessary by the examiner.

To learn more:

• International Search Report
• Earlier Search Results
• Patent Examination
• PCT Applications
• Patent Cooperation Treaty