What happens if an International Searching Authority (ISA) can’t perform a meaningful search on some claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If an International Searching Authority (ISA) determines that a meaningful search cannot be carried out for some claims, it will:

• Search the remaining claims of the international application
• Indicate the unsearched claims and reasons in Box No. II of the international search report (Form PCT/ISA/210)

As stated in the MPEP:

“Where only some of the claims will not be searched, the ISA searches the remaining claims of the international application. Any unsearched claims and the reasons why those claims have not been searched are indicated in Box No. II of the international search report (Form PCT/ISA/210).”

This process ensures transparency in the search process while allowing the examination to proceed for the claims that can be searched.