When can an International Searching Authority refuse to establish a search report?

An International Searching Authority can refuse to establish a search report if it considers that the description, claims, or drawings fail to comply with prescribed requirements to such an extent that a meaningful search cannot be carried out. This is stated in PCT Article 17(2)(a)(ii), which says:

“If the International Searching Authority considers that the description, the claims, or the drawings fail to comply with the prescribed requirements to such an extent that a meaningful search could not be carried out, it may declare that it will not establish a search report.”

This provision allows the Authority to declare that no search report will be established if the application’s deficiencies prevent a meaningful search.

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Tags: international search, Patent Cooperation Treaty, patent examination, PCT, search report