Which International Searching Authorities can perform a Supplementary International Search?
Not all International Searching Authorities (ISAs) can perform a Supplementary International Search (SIS). According to PCT Rule 45bis.9(a):
An International Searching Authority shall be competent to carry out supplementary international searches if its preparedness to do so is stated in the applicable agreement under Article 16(3)(b), subject to any limitations and conditions set out in that agreement.
However, there is an important restriction outlined in PCT Rule 45bis.9(b):
The International Searching Authority carrying out the international search under Article 16(1) in respect of an international application shall not be competent to carry out a supplementary international search in respect of that application.
This means that the ISA that performed the main international search cannot be chosen to perform the SIS for the same application.
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