How does the ISA handle inaccessible documents cited in an international application?

When an international application cites a document that is not published or accessible to the International Searching Authority (ISA), and this document is essential for understanding the invention, the ISA follows a specific procedure:

1. The ISA may postpone the search
2. The ISA requests that the applicant provide a copy of the document, if possible within the time limits for preparing the international search report
3. If no copy is received, the ISA attempts to carry out the search
4. If necessary, the ISA indicates that no meaningful search could be carried out or that the search was restricted

As stated in the MPEP:

“If the international application cites a document that is not published or otherwise not accessible to the ISA and the document appears essential to a correct understanding of the invention to the extent that a meaningful international search would not be possible without knowledge of the content of that document, the ISA may postpone the search and request that the applicant first provide first a copy of the document, if possible to do so within the time limits for the preparation of the international search report of the ISA under the PCT.”

This procedure balances the need for a comprehensive search with the practical limitations of accessing certain documents, ensuring that the search process can proceed effectively.

To learn more:

• International Searching Authority
• inaccessible documents
• PCT
• patent search