PCT Rule 43 — The International Search Report (MPEP Coverage Index) – BlueIron IP
PCT Rule 43 The International Search Report
This page consolidates MPEP guidance interpreting PCT Rule 43, including 36 rules 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.
Summary
The International Search Report is a procedural step in PCT applications where the ISA conducts an international search and prepares a report, considering all claims and prior art.
What this section covers
- The ISA must conduct an international search and prepare an International Search Report for any international application (PCT Article 15).
- The ISA must consider all claims of the application, including any amendments made before or during the search (PCT Article 15).
Key obligations
- The ISA must consider all claims of the application, including any amendments made before or during the search (PCT Article 15).
- The ISA must consider prior art, including documents not cited by the applicant (PCT Article 15).
Practice notes
- Practitioners should ensure all claims are properly presented and considered in the international search to avoid overlooking prior art (PCT Article 15).
- Be cautious of overlooking prior art that may affect the outcome of the international search report (PCT Article 15).
Official MPEP § 43 — The International Search Report
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 43 The International Search Report
43.1 Identifications
The international search report shall identify the International Searching Authority which established it by indicating the name of such Authority, and the international application by indicating the international application number, the name of the applicant, and the international filing date.
43.2 Dates
The international search report shall be dated and shall indicate the date on which the international search was actually completed. It shall also indicate the filing date of any earlier application whose priority is claimed or, if the priority of more than one earlier application is claimed, the filing date of the earliest among them.
43.3 Classification
- (a) The international search report shall contain the classification of the subject matter at least according to the International Patent Classification.
- (b) Such classification shall be effected by the International Searching Authority.
43.4 Language
Every international search report and any declaration made under Article 17(2)(a) shall be in the language in which the international application to which it relates is to be published, provided that:
- (i) if a translation of the international application into another language was transmitted under Rule 23.1(b) and the International Searching Authority so wishes, the international search report and any declaration made under Article 17(2)(a) may be in the language of that translation;
- (ii) if the international application is to be published in the language of a translation furnished under Rule 12.4 which is not accepted by the International Searching Authority and that Authority so wishes, the international search report and any declaration made under Article 17(2)(a) may be in a language which is both a language accepted by that Authority and a language of publication referred to in Rule 48.3(a) .
43.5 Citations
- (a) The international search report shall contain the citations of the documents considered to be relevant.
- (b) The method of identifying any cited document shall be regulated by the Administrative Instructions.
- (c) Citations of particular relevance shall be specially indicated.
- (d) Citations which are not relevant to all the claims shall be cited in relation to the claim or claims to which they are relevant.
- (e) If only certain passages of the cited document are relevant or particularly relevant, they shall be identified, for example, by indicating the page, the column, or the lines, where the passage appears. If the entire document is relevant but some passages are of particular relevance, such passages shall be identified unless such identification is not practicable.
43.6 Fields Searched
- (a) The international search report shall list the classification identification of the fields searched. If that identification is effected on the basis of a classification other than the International Patent Classification, the International Searching Authority shall publish the classification used.
- (b) If the international search extended to patents, inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, utility certificates of addition, or published applications for any of those kinds of protection, of States, periods, or languages, not included in the minimum documentation as defined in Rule 34 , the international search report shall, when practicable, identify the kinds of documents, the States, the periods, and the languages to which it extended. For the purposes of this paragraph, Article 2(ii) shall not apply.
- (c) If the international search was based on, or was extended to, any electronic data base, the international search report may indicate the name of the data base and, where considered useful to others and practicable, the search terms used.
43.6 bis Consideration of Rectifications of Obvious Mistakes
- (a) A rectification of an obvious mistake that is authorized under Rule 91.1 shall, subject to paragraph (b), be taken into account by the International Searching Authority for the purposes of the international search and the international search report shall so indicate.
- (b) A rectification of an obvious mistake need not be taken into account by the International Searching Authority for the purposes of the international search if it is authorized by or notified to that Authority, as applicable, after it has begun to draw up the international search report, in which case the report shall, if possible, so indicate, failing which the International Searching Authority shall notify the International Bureau accordingly and the International Bureau shall proceed as provided for in the Administrative Instructions.
43.7 Remarks Concerning Unity of Invention
If the applicant paid additional fees for the international search, the international search report shall so indicate. Furthermore, where the international search was made on the main invention only or on less than all the inventions ( Article 17(3)(a) ), the international search report shall indicate what parts of the international application were and what parts were not searched.
43.8 Authorized Officer
The international search report shall indicate the name of the officer of the International Searching Authority responsible for that report.
43.9 Additional Matter
The international search report shall contain no matter other than that specified in Rules 33.1(b) and (c) , 43.1 to 43.3 , 43.5 to 43.8 , and 44.2 , and the indication referred to in Article 17(2)(b) , provided that the Administrative Instructions may permit the inclusion in the international search report of any additional matter specified in the Administrative Instructions. The international search report shall not contain, and the Administrative Instructions shall not permit the inclusion of, any expressions of opinion, reasoning, arguments, or explanations.
43.10 Form
The physical requirements as to the form of the international search report shall be prescribed by the Administrative Instructions.
- Access Records
- Access International
- Pct
- Pct Amendments Article 19
- Pct Description Claims
- Pct Filing
- Pct International Preliminary Examination
- Pct International Search
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