MPEP § 1844.01 — Preparing the International Search Report (Form PCT/ISA/210) (Annotated Rules)

§1844.01 Preparing the International Search Report (Form PCT/ISA/210)

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1844.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Preparing the International Search Report (Form PCT/ISA/210)

This section addresses Preparing the International Search Report (Form PCT/ISA/210). Primary authority: 37 CFR 1844.01. Contains: 8 requirements, 2 prohibitions, 7 guidance statements, 2 permissions, and 10 other statements.

Key Rules

Topic

International Searching Authority (ISA)

17 rules
StatutoryInformativeAlways
[mpep-1844-01-1536a5e7485177b66c337743]
Form PCT/ISA/210 Requirement for ISA
Note:
The rule requires the International Searching Authority to prepare and provide Form PCT/ISA/210 as part of the international search process.

[Editor Note: This section discusses the July 2022 version of PCT/ISA/210. For international applications having an international filing date before July 1, 2022, information regarding form PCT/ISA/210 (revised January 2019) may be found in §1844.01 of the 10.2019 revision of the Ninth Edition of the MPEP published June 2020 at: www.uspto.gov/web/offices/pac/mpep/old/ mpep_E9R10.htm.]

Jump to MPEP Source · 37 CFR 1844.01International Searching Authority (ISA)International SearchPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1844-01-b2b05964c4d6bd3b7ce911d6]
Rectification of Obvious Mistakes Authorized by ISA
Note:
When an application includes the rectification of an obvious mistake authorized by or notified to the International Searching Authority under PCT Rule 91, box 1b on the first sheet must be checked.

Where the application includes the rectification of an obvious mistake authorized by or notified to the International Searching Authority under PCT Rule 91, box 1b of the first sheet is checked. The authorization or notification will generally be indicated on a Notification of Decision Concerning Request for Rectification (Form PCT/RO/109 or PCT/ISA/217) (see MPEP § 1836).

Jump to MPEP SourceInternational Searching Authority (ISA)Competent Authority for RectificationObvious Mistakes
StatutoryInformativeAlways
[mpep-1844-01-d21b466003328ac859597820]
Authorization for Rectification Must Be Notified
Note:
The authorization or notification for rectifying an obvious mistake by the International Searching Authority must be indicated on Form PCT/RO/109 or PCT/ISA/217.

Where the application includes the rectification of an obvious mistake authorized by or notified to the International Searching Authority under PCT Rule 91, box 1b of the first sheet is checked. The authorization or notification will generally be indicated on a Notification of Decision Concerning Request for Rectification (Form PCT/RO/109 or PCT/ISA/217) (see MPEP § 1836).

Jump to MPEP SourceInternational Searching Authority (ISA)Competent Authority for RectificationRequest Content and Form
StatutoryInformativeAlways
[mpep-1844-01-b631ce9f51182f9a5b57de0b]
First Box Checked for Additional Fees with Protest
Note:
The first box indicating a remark on protest must be checked if additional search fees are paid along with a protest.

Regarding the three boxes indicating a Remark on Protest, the first box would be checked if the payment of any additional search fees is accompanied by a protest. The second box would not be checked since the ISA/US does not require a protest fee. The third box would be checked if the payment of any additional search fees is not accompanied by a protest. See MPEP § 1850, subsection X., for a discussion of protest procedure.

Jump to MPEP SourceInternational Searching Authority (ISA)Request Content and FormPCT Request Form
StatutoryInformativeAlways
[mpep-1844-01-a9f0425aa016df62b9f54925]
Protest Fee Not Required by ISA/US
Note:
The second box should not be checked as the ISA/US does not require a protest fee for accompanying search fees.

Regarding the three boxes indicating a Remark on Protest, the first box would be checked if the payment of any additional search fees is accompanied by a protest. The second box would not be checked since the ISA/US does not require a protest fee. The third box would be checked if the payment of any additional search fees is not accompanied by a protest. See MPEP § 1850, subsection X., for a discussion of protest procedure.

Jump to MPEP SourceInternational Searching Authority (ISA)Request Content and FormMaintenance Fee Amounts
StatutoryInformativeAlways
[mpep-1844-01-ebaf12a33c6f0d8d9ed08065]
Payment of Additional Search Fees Without Protest Required
Note:
If additional search fees are paid without a protest, the third box must be checked. This requirement is discussed in MPEP § 1850.

Regarding the three boxes indicating a Remark on Protest, the first box would be checked if the payment of any additional search fees is accompanied by a protest. The second box would not be checked since the ISA/US does not require a protest fee. The third box would be checked if the payment of any additional search fees is not accompanied by a protest. See MPEP § 1850, subsection X., for a discussion of protest procedure.

Jump to MPEP SourceInternational Searching Authority (ISA)Request Content and FormPCT Request Form
StatutoryProhibitedAlways
[mpep-1844-01-89ec951c58c321d7ca59a500]
Identify Previous Search for Similar Subject
Note:
Where an international search report is based on a previous search, the application number and relevant search history must be identified unless details cannot be ascertained or recording full details is impractical.

Where the international search report is entirely or partly based on a previous search made for an application relating to a similar subject, the previous application number and the relevant search history consulted for this previous search is, where appropriate, identified as having been consulted for the international application in question, except in those instances where the details of an earlier search cannot be ascertained, or whenever it is impractical to record the full details of the earlier search. In the later case, a summary of the earlier search should be included. Where the previous application has been published, this information is recorded in the international search report.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportInternational Search
StatutoryRecommendedAlways
[mpep-1844-01-e2c2e6acbf1d8ad61502bbb7]
Summary Required for Similar Subject Searches
Note:
When an international search is based on a previous search for a similar application, a summary of the earlier search should be included unless full details cannot be ascertained or are impractical.

Where the international search report is entirely or partly based on a previous search made for an application relating to a similar subject, the previous application number and the relevant search history consulted for this previous search is, where appropriate, identified as having been consulted for the international application in question, except in those instances where the details of an earlier search cannot be ascertained, or whenever it is impractical to record the full details of the earlier search. In the later case, a summary of the earlier search should be included. Where the previous application has been published, this information is recorded in the international search report.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportInternational Search
StatutoryInformativeAlways
[mpep-1844-01-58bac470c5bd3408eaf91ae3]
Record of Consulted Previous Search Where Published
Note:
When a previous application has been published, record the details of the search consulted for it in the international search report.

Where the international search report is entirely or partly based on a previous search made for an application relating to a similar subject, the previous application number and the relevant search history consulted for this previous search is, where appropriate, identified as having been consulted for the international application in question, except in those instances where the details of an earlier search cannot be ascertained, or whenever it is impractical to record the full details of the earlier search. In the later case, a summary of the earlier search should be included. Where the previous application has been published, this information is recorded in the international search report.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportInternational Search
StatutoryInformativeAlways
[mpep-1844-01-05ffefbbe2c3add924687ed1]
Document Citing Non-Written Disclosure Requires 'O'
Note:
When a document cited in the international search report refers to a non-written disclosure, the letter ‘O’ must be entered. Examples include conference proceedings.

Where a document cited in the international search report refers to a non-written disclosure referred to in PCT Rule 33.1(b), the letter “O” is entered. Examples of such disclosures include conference proceedings. The document category “O” is always accompanied by a symbol indicating the relevance of the document, for example: “O,X”, “O,Y”, or “O,A”.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportInternational Search
StatutoryInformativeAlways
[mpep-1844-01-d2caf7191834bf079a46c538]
O Document Category With Relevance Symbol
Note:
When a document cited in the international search report refers to a non-written disclosure, it is categorized as 'O' and must be accompanied by a relevance symbol such as ‘X’, ‘Y’, or ‘A’.

Where a document cited in the international search report refers to a non-written disclosure referred to in PCT Rule 33.1(b), the letter “O” is entered. Examples of such disclosures include conference proceedings. The document category “O” is always accompanied by a symbol indicating the relevance of the document, for example: “O,X”, “O,Y”, or “O,A”.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportInternational Search
StatutoryInformativeAlways
[mpep-1844-01-c9762154f486d28fd9f99b10]
Requirement for Continuation Sheet if Space Filled
Note:
A continuation sheet must be used to list additional documents that exceed the space provided in Box C on Form PCT/ISA/210.

Identification of any document should be made according to WIPO Standard ST.14 (see PCT Administrative Instructions Section 503). For “A” citations it is not necessary to indicate the relevant claims unless there is good reason to do so; for example where there is a clear lack of unity a priori (see MPEP § 1850) and the citation is relevant only to a particular claim or group of claims or when the claims meet the criteria of novelty, inventive step, and industrial applicability under PCT Article 33(2) to (4) and the “A” category citations represent the most relevant prior art. The box on the second sheet of Form PCT/ISA/210 entitled “Further documents listed are in the continuation of Box C” is checked if a continuation sheet is used to list additional documents that will not fit in the space provided in Box C.

Jump to MPEP SourceInternational Searching Authority (ISA)Request Content and FormInternational Search
StatutoryInformativeAlways
[mpep-1844-01-f53126fd228547333ca50c84]
ISA Identification and Completion Date for Search Report
Note:
The International Searching Authority's identification and the date it completed the international search report must be indicated at the bottom of the second sheet.

The identification of the International Searching Authority which established the international search report and the date of actual completion, i.e., the date on which the report was drawn up are indicated at the bottom of the second sheet of the international search report. The international search report will be accompanied by a transmittal letter (Form PCT/ISA/220) indicating the date the search report was mailed to the applicant. See MPEP § 1845.02.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportInternational Search
StatutoryInformativeAlways
[mpep-1844-01-42f85b94405fa3b4cd642dca]
Transmittal Letter Required for Search Report
Note:
The international search report must be accompanied by a transmittal letter indicating the date it was mailed to the applicant.

The identification of the International Searching Authority which established the international search report and the date of actual completion, i.e., the date on which the report was drawn up are indicated at the bottom of the second sheet of the international search report. The international search report will be accompanied by a transmittal letter (Form PCT/ISA/220) indicating the date the search report was mailed to the applicant. See MPEP § 1845.02.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportRequest Content and Form
StatutoryRequiredAlways
[mpep-1844-01-4ed5b15041e667b066e6d0e2]
Authorized Officer Must Be Indicated on Search Report
Note:
The international search report must include the name of the officer responsible for performing the search, who may not necessarily have signatory authority.

Pursuant to PCT Rule 43.8, the international search report must indicate the name of the officer of the International Searching Authority responsible for the report, i.e., the “authorized officer.” An “authorized officer” is the person who actually performed the search work and prepared the search report, or another person who was responsible for supervising the search. See PCT Administrative Instructions Section 514. Thus, an examiner need not have signatory authority in order to be named as an authorized officer on the search report. However, the “file copy” of the search report must be signed by an examiner having at least partial signatory authority.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportSignatory Authority Review
StatutoryInformativeAlways
[mpep-1844-01-6872e869e20934e51f2302c9]
Authorized Officer for Search Report
Note:
The person who performed the search work and prepared the report, or a supervisor, must be named as the authorized officer on the international search report.

Pursuant to PCT Rule 43.8, the international search report must indicate the name of the officer of the International Searching Authority responsible for the report, i.e., the “authorized officer.” An “authorized officer” is the person who actually performed the search work and prepared the search report, or another person who was responsible for supervising the search. See PCT Administrative Instructions Section 514. Thus, an examiner need not have signatory authority in order to be named as an authorized officer on the search report. However, the “file copy” of the search report must be signed by an examiner having at least partial signatory authority.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportInternational Search
StatutoryRequiredAlways
[mpep-1844-01-043fa2892378791eac1d6a3e]
Authorized Officer for Search Report Not Required to Sign
Note:
An examiner can be named as an authorized officer on the search report without needing signatory authority, but the file copy must be signed by someone with at least partial signatory authority.

Pursuant to PCT Rule 43.8, the international search report must indicate the name of the officer of the International Searching Authority responsible for the report, i.e., the “authorized officer.” An “authorized officer” is the person who actually performed the search work and prepared the search report, or another person who was responsible for supervising the search. See PCT Administrative Instructions Section 514. Thus, an examiner need not have signatory authority in order to be named as an authorized officer on the search report. However, the “file copy” of the search report must be signed by an examiner having at least partial signatory authority.

Jump to MPEP SourceInternational Searching Authority (ISA)International Search ReportSignatory Authority Review
Topic

Article 19 Amendment Scope

12 rules
StatutoryPermittedAlways
[mpep-1844-01-e786df938a2d25cfeedf08a0]
Claims Not Searchable Due to Scope Limitations
Note:
The report identifies claims that cannot be searched due to scope limitations and specifies the reasons for non-searched claims.
The report indicates whether any claims are unsearchable for any of the reasons indicated below. If any such limitations of the subject of the search are applied, the claims in respect of which a search has not been carried out are identified and the reasons for this are indicated. The three categories where such limitations may arise are:
  • (A) claims drawn to subject matter not required to be searched by the International Searching Authority (see MPEP § 1843.02);
  • (B) claims in respect of which a meaningful search cannot be carried out (see MPEP § 1843.03); and
  • (C) multiple dependent claims which do not comply with PCT Rule 6.4(a) (see MPEP § 1843.03).
Jump to MPEP SourceArticle 19 Amendment ScopeInternational Searching Authority (ISA)PCT Article 19 Amendments
StatutoryInformativeAlways
[mpep-1844-01-6b8ca8427a4d11eabaeeee7d]
Requirement for Compliant Multiple Dependent Claims
Note:
Claims must comply with PCT Rule 6.4(a) to avoid being deemed unsearchable.

The report indicates whether any claims are unsearchable for any of the reasons indicated below. If any such limitations of the subject of the search are applied, the claims in respect of which a search has not been carried out are identified and the reasons for this are indicated. The three categories where such limitations may arise are:

(C) multiple dependent claims which do not comply with PCT Rule 6.4(a) (see MPEP § 1843.03).

Jump to MPEP SourceArticle 19 Amendment ScopePCT Claims FormatPCT Article 19 Amendments
StatutoryInformativeAlways
[mpep-1844-01-16019ffa8980f800f2a70b84]
Indications Required in Search Report
Note:
The search report must indicate separate inventions, whether additional search fees were requested and paid, which claims were searched, and if protests accompanied the fees.

Where lack of unity has been found (see MPEP § 1850), box 3 of the first sheet of the international search report is checked. In addition, Box No. III of the international search report (on “continuation of first sheet (2)”) is completed, irrespective of whether an invitation to pay additional search fees has issued. The search report indicates the separate inventions claimed in the application, whether additional search fees were requested and paid, and which claims were searched. It also indicates whether any additional search fees were accompanied by a protest.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingInternational Searching Authority (ISA)
StatutoryRequiredAlways
[mpep-1844-01-01f9bf6c440c08ab5910ecaf]
International Search Report Covers All Claims When Additional Fees Paid
Note:
If the applicant pays all required additional search fees for additional inventions, the examiner must check item 1 under Box No. III to indicate that the international search report covers all searchable claims.

If applicant paid all the required additional search fees for additional inventions, the examiner should check item 1 under Box No. III indicating that the international search report covers all searchable claims.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingInternational Searching Authority (ISA)
StatutoryRecommendedAlways
[mpep-1844-01-fce6f20945b3b0d262388281]
Item 2 Required if No Additional Search Fees Invited
Note:
If the examiner does not invite payment of additional search fees, item 2 must be checked under Box No. III and the international search report will cover all searchable claims.

If the examiner did not invite payment of additional search fees, item 2 should be checked under Box. No. III and the international search report will cover all searchable claims.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingInternational Searching Authority (ISA)
StatutoryRequiredAlways
[mpep-1844-01-0e10a5755ecb5a4221f46c37]
Examiner Must Indicate Covered Claims When Partial Fees Paid
Note:
The examiner must check item 3 under Box No. III and specify the claims for which search fees were paid when applicant pays only some of the required additional search fees.

If, in response to a lack of unity of invention, applicant paid only some of the required additional search fees for additional inventions, the examiner should check item 3 under Box No. III and indicate the claims for which fees were paid and therefore, covered by the international search.

Jump to MPEP SourceArticle 19 Amendment ScopeInternational Searching Authority (ISA)Request Content and Form
StatutoryRequiredAlways
[mpep-1844-01-c87ba7c936b99948ee30c28a]
International Search Report Restricted to First Invention Claimed
Note:
If no additional search fees are paid, the international search report will cover only the first invention mentioned in the claims.

If, in response to a lack of unity of invention, no required additional search fees were timely paid by the applicant, then the international search report is restricted to the invention first mentioned in the claims. The examiner should check item 4 under Box No. III and indicate the claims limited to the first mentioned invention that are covered by the international search report.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingInternational Searching Authority (ISA)
StatutoryRecommendedAlways
[mpep-1844-01-8551455203572cac16cc6a69]
Claims Limited to First Mentioned Invention Must Be Indicated
Note:
The examiner must check item 4 under Box No. III and indicate the claims limited to the first mentioned invention that are covered by the international search report.

If, in response to a lack of unity of invention, no required additional search fees were timely paid by the applicant, then the international search report is restricted to the invention first mentioned in the claims. The examiner should check item 4 under Box No. III and indicate the claims limited to the first mentioned invention that are covered by the international search report.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingInternational Searching Authority (ISA)
StatutoryInformativeAlways
[mpep-1844-01-a57bcc652b548e643fc3e4ab]
Examiner Amends Abstract; Notify Applicant and International Bureau
Note:
If the examiner amends the abstract based on applicant's modifications or comments, they must notify the applicant and International Bureau using Form PCT/ISA/205.

The applicant may submit modifications of the abstract until the expiration of one month from the date of mailing of the search report. If the examiner establishes a new abstract, the applicant may propose modifications of, and/or comment on, the new abstract after it has been established in the international search report. The applicant is allowed one month from the date of mailing of the international search report to respond to the examiner’s abstract in the report. If the applicant does comment, the examiner takes the applicant’s comments into consideration. It is not necessary for the examiner to reply to the applicant’s comments even if adverse. If the examiner decides to amend the abstract established in the international search report based on the proposed modifications and/or comment, the International Bureau and the applicant are notified using Form PCT/ISA/205. See PCT Rule 38.3 and Administrative Instructions Section 515.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingInternational Searching Authority (ISA)
StatutoryRecommendedAlways
[mpep-1844-01-af12dcc098d032bf44cee2b1]
A Citations Do Not Require Claim Specification
Note:
For 'A' citations, it is not necessary to specify the relevant claims unless there is a clear lack of unity or when they meet specific criteria under PCT Article 33.

Identification of any document should be made according to WIPO Standard ST.14 (see PCT Administrative Instructions Section 503). For “A” citations it is not necessary to indicate the relevant claims unless there is good reason to do so; for example where there is a clear lack of unity a priori (see MPEP § 1850) and the citation is relevant only to a particular claim or group of claims or when the claims meet the criteria of novelty, inventive step, and industrial applicability under PCT Article 33(2) to (4) and the “A” category citations represent the most relevant prior art. The box on the second sheet of Form PCT/ISA/210 entitled “Further documents listed are in the continuation of Box C” is checked if a continuation sheet is used to list additional documents that will not fit in the space provided in Box C.

Jump to MPEP SourceArticle 19 Amendment ScopePCT Claims FormatInternational Search Report
StatutoryRecommendedAlways
[mpep-1844-01-b202f46dea6bb5f1716032e1]
Citations Must Reference Claims
Note:
Each citation must reference the claims it relates to, as per PCT Administrative Instructions Section 508.

Each citation should include a reference to the claims to which it relates (see PCT Administrative Instructions Section 508). If necessary, various relevant parts of the document cited should each be related to the claims in like manner (with the exception of “L” documents and “A” documents). It is also possible for the same document to represent a different category with respect to different claims. For example:

Jump to MPEP SourceArticle 19 Amendment ScopePCT Article 19 AmendmentsPCT Description and Claims
StatutoryRecommendedAlways
[mpep-1844-01-aeb20340de57f3f13d176a02]
Documents Must Be Categorized Per Claim
Note:
Documents must be categorized according to their relevance to different claims, with the exception of 'L' and 'A' documents. The same document can represent a different category for each claim.

Each citation should include a reference to the claims to which it relates (see PCT Administrative Instructions Section 508). If necessary, various relevant parts of the document cited should each be related to the claims in like manner (with the exception of “L” documents and “A” documents). It is also possible for the same document to represent a different category with respect to different claims. For example:

Jump to MPEP SourceArticle 19 Amendment ScopePCT Description RequirementsPCT Article 19 Amendments
Topic

Patent Cooperation Treaty

9 rules
StatutoryRequiredAlways
[mpep-1844-01-86f731ebf84e9a16b5a4d78d]
Abstract and Title Requirement for International Application
Note:
The international application must include an abstract and a title, which the examiner will review according to PCT regulations.

The international application must contain an abstract and a title. The examiner considers the abstract (together with the title of the invention and the figure of the drawings to be published with the abstract) in relation to the requirements of the Regulations under the PCT. The examiner indicates approval or amendment of the title of the invention, the text of the abstract, and the selection of the figure that is to accompany the abstract in items 4 to 6 of the first sheet of the international search report.

Jump to MPEP SourcePatent Cooperation TreatyInternational Searching Authority (ISA)Request Content and Form
StatutoryRequiredAlways
[mpep-1844-01-6877650f641986e8c9d6829a]
Examiner Must Draft New Title If Applicant’s Title Is Deficient
Note:
The examiner is required to draft a new title if the applicant fails to provide one or if the provided title does not meet PCT Rule 4.3 requirements, without needing the applicant's approval.

In general, the examiner is required to draft a new title if the applicant failed to provide a title or if the title is deficient because it does not comply with the requirements of PCT Rule 4.3. The examiner is not required to gain the applicant’s approval of the new title established by the examiner.

Jump to MPEP SourcePatent Cooperation Treaty
StatutoryRequiredAlways
[mpep-1844-01-abad2dadc5dbffd9f36e5662]
Examiner Must Establish New Title Without Applicant Approval
Note:
The examiner is required to draft a new title if the applicant fails to provide one, without needing the applicant’s approval.

In general, the examiner is required to draft a new title if the applicant failed to provide a title or if the title is deficient because it does not comply with the requirements of PCT Rule 4.3. The examiner is not required to gain the applicant’s approval of the new title established by the examiner.

Jump to MPEP SourcePatent Cooperation Treaty
StatutoryProhibitedAlways
[mpep-1844-01-03c7d9b88c6a3a2a097a3d8c]
Abstract Must Be Technical and Not Scope Determining
Note:
The examiner must ensure the abstract is technical in nature and not used to interpret the scope of protection sought.

In general, the examiner will have to establish a new abstract if the applicant did not provide an abstract or if the abstract does not comply with PCT Rule 8. In determining the definitive contents of the abstract, or establishing the text of the abstract anew where it is missing, the examiner should take into consideration the fact that the abstract is merely for use as technical information and, in particular, must not be used for the purpose of interpreting the scope of the protection sought. The abstract constitutes an efficient instrument for the purpose of assisting the scientist, engineer, or researcher in searching in the particular technical field and should in particular make it possible to assess whether there is need for consulting the international application itself. WIPO guidelines for the preparation of abstracts are found in WIPO Standard ST.12/A, which is available from WIPO’s website (www.wipo.int/standards/ en/part_03_standards.html).

Jump to MPEP SourcePatent Cooperation TreatyPCT International Application Filing
StatutoryInformativeAlways
[mpep-1844-01-44996e83ee976ec8c8a92b61]
Modifications to Abstract After Search Report
Note:
Applicants can modify the abstract within one month of receiving the search report, and may comment on examiner-proposed changes.

The applicant may submit modifications of the abstract until the expiration of one month from the date of mailing of the search report. If the examiner establishes a new abstract, the applicant may propose modifications of, and/or comment on, the new abstract after it has been established in the international search report. The applicant is allowed one month from the date of mailing of the international search report to respond to the examiner’s abstract in the report. If the applicant does comment, the examiner takes the applicant’s comments into consideration. It is not necessary for the examiner to reply to the applicant’s comments even if adverse. If the examiner decides to amend the abstract established in the international search report based on the proposed modifications and/or comment, the International Bureau and the applicant are notified using Form PCT/ISA/205. See PCT Rule 38.3 and Administrative Instructions Section 515.

Jump to MPEP SourcePatent Cooperation TreatyArticle 19 Amendment ScopeArticle 19 Amendment Timing
StatutoryInformativeAlways
[mpep-1844-01-f859356fb1fb99efe83d5608]
Citations Must Have Category Indication
Note:
Documents cited in the International Search Report must be marked with an alphabetic category as per PCT Administrative Instructions Sections 505 and 507.

Documents which are cited are given a category indication by way of an alphabetic character, details of which are given in PCT Administrative Instructions Sections 505 and 507 and below. The categories for citations are also explained under the “documents considered to be relevant” section of the report. A category should always be indicated for each document cited. Where needed, combinations of different categories are possible.

Jump to MPEP SourcePatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1844-01-7b630cb57ba0c2079d726f68]
Categories for Cited Documents Must Be Indicated
Note:
Each cited document must be given a category, as explained in the relevant section of the report.

Documents which are cited are given a category indication by way of an alphabetic character, details of which are given in PCT Administrative Instructions Sections 505 and 507 and below. The categories for citations are also explained under the “documents considered to be relevant” section of the report. A category should always be indicated for each document cited. Where needed, combinations of different categories are possible.

Jump to MPEP SourcePatent Cooperation Treaty
StatutoryRecommendedAlways
[mpep-1844-01-a925aa042a0c64d19953f71c]
Category Must Be Indicated for Each Cited Document
Note:
Each document cited must be given a category indication as per PCT Administrative Instructions Sections 505 and 507.

Documents which are cited are given a category indication by way of an alphabetic character, details of which are given in PCT Administrative Instructions Sections 505 and 507 and below. The categories for citations are also explained under the “documents considered to be relevant” section of the report. A category should always be indicated for each document cited. Where needed, combinations of different categories are possible.

Jump to MPEP SourcePatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1844-01-21c8141d9dcd05a0f5764db5]
Categories for Citations Can Be Combined
Note:
Documents cited in the International Search Report can be categorized using a combination of different categories as needed.

Documents which are cited are given a category indication by way of an alphabetic character, details of which are given in PCT Administrative Instructions Sections 505 and 507 and below. The categories for citations are also explained under the “documents considered to be relevant” section of the report. A category should always be indicated for each document cited. Where needed, combinations of different categories are possible.

Jump to MPEP SourcePatent Cooperation Treaty
Topic

Article 19 Amendment Timing

5 rules
StatutoryInformativeAlways
[mpep-1844-01-a406e541f470873b64ca24ef]
Box 3 Checked for Lack of Unity
Note:
When lack of unity is found, box 3 on the first sheet of the international search report must be checked.

Where lack of unity has been found (see MPEP § 1850), box 3 of the first sheet of the international search report is checked. In addition, Box No. III of the international search report (on “continuation of first sheet (2)”) is completed, irrespective of whether an invitation to pay additional search fees has issued. The search report indicates the separate inventions claimed in the application, whether additional search fees were requested and paid, and which claims were searched. It also indicates whether any additional search fees were accompanied by a protest.

Jump to MPEP SourceArticle 19 Amendment TimingInternational Searching Authority (ISA)International Search Report
StatutoryInformativeAlways
[mpep-1844-01-61da24eed8cc8e7fcc5365df]
Continuation of First Sheet Must Always Be Completed
Note:
Regardless of whether an invitation to pay additional search fees has been issued, Box No. III on the continuation of the first sheet must always be completed.

Where lack of unity has been found (see MPEP § 1850), box 3 of the first sheet of the international search report is checked. In addition, Box No. III of the international search report (on “continuation of first sheet (2)”) is completed, irrespective of whether an invitation to pay additional search fees has issued. The search report indicates the separate inventions claimed in the application, whether additional search fees were requested and paid, and which claims were searched. It also indicates whether any additional search fees were accompanied by a protest.

Jump to MPEP SourceArticle 19 Amendment TimingInternational Searching Authority (ISA)International Search Report
StatutoryPermittedAlways
[mpep-1844-01-a92bf4faf66a72de6db0ed3e]
Applicant May Modify Abstract Until One Month After Search Report Mailing
Note:
The applicant is permitted to submit modifications of the abstract within one month from the date of mailing of the search report.

The applicant may submit modifications of the abstract until the expiration of one month from the date of mailing of the search report. If the examiner establishes a new abstract, the applicant may propose modifications of, and/or comment on, the new abstract after it has been established in the international search report. The applicant is allowed one month from the date of mailing of the international search report to respond to the examiner’s abstract in the report. If the applicant does comment, the examiner takes the applicant’s comments into consideration. It is not necessary for the examiner to reply to the applicant’s comments even if adverse. If the examiner decides to amend the abstract established in the international search report based on the proposed modifications and/or comment, the International Bureau and the applicant are notified using Form PCT/ISA/205. See PCT Rule 38.3 and Administrative Instructions Section 515.

Jump to MPEP SourceArticle 19 Amendment TimingInternational Searching Authority (ISA)International Search Report
StatutoryPermittedAlways
[mpep-1844-01-db5ac56399f34d653c3f0fb0]
Applicant May Comment on New Examiner-Proposed Abstract
Note:
The applicant can propose modifications and comment on a new abstract established by the examiner after it is included in the international search report.

The applicant may submit modifications of the abstract until the expiration of one month from the date of mailing of the search report. If the examiner establishes a new abstract, the applicant may propose modifications of, and/or comment on, the new abstract after it has been established in the international search report. The applicant is allowed one month from the date of mailing of the international search report to respond to the examiner’s abstract in the report. If the applicant does comment, the examiner takes the applicant’s comments into consideration. It is not necessary for the examiner to reply to the applicant’s comments even if adverse. If the examiner decides to amend the abstract established in the international search report based on the proposed modifications and/or comment, the International Bureau and the applicant are notified using Form PCT/ISA/205. See PCT Rule 38.3 and Administrative Instructions Section 515.

Jump to MPEP SourceArticle 19 Amendment TimingInternational Searching Authority (ISA)International Search Report
StatutoryInformativeAlways
[mpep-1844-01-10e429b247da506e308e3778]
One Month Response Period for Examiner’s Abstract
Note:
The applicant has one month from the date of mailing to respond to the examiner’s abstract in the international search report.

The applicant may submit modifications of the abstract until the expiration of one month from the date of mailing of the search report. If the examiner establishes a new abstract, the applicant may propose modifications of, and/or comment on, the new abstract after it has been established in the international search report. The applicant is allowed one month from the date of mailing of the international search report to respond to the examiner’s abstract in the report. If the applicant does comment, the examiner takes the applicant’s comments into consideration. It is not necessary for the examiner to reply to the applicant’s comments even if adverse. If the examiner decides to amend the abstract established in the international search report based on the proposed modifications and/or comment, the International Bureau and the applicant are notified using Form PCT/ISA/205. See PCT Rule 38.3 and Administrative Instructions Section 515.

Jump to MPEP SourceArticle 19 Amendment TimingInternational Searching Authority (ISA)International Search Report
Topic

PCT Drawing Requirements

5 rules
StatutoryInformativeAlways
[mpep-1844-01-fcaa473485990be07297c964]
Abstract Must Align with Title and Drawings
Note:
The examiner evaluates the abstract along with the invention title and selected figure to ensure compliance with PCT regulations.

The international application must contain an abstract and a title. The examiner considers the abstract (together with the title of the invention and the figure of the drawings to be published with the abstract) in relation to the requirements of the Regulations under the PCT. The examiner indicates approval or amendment of the title of the invention, the text of the abstract, and the selection of the figure that is to accompany the abstract in items 4 to 6 of the first sheet of the international search report.

Jump to MPEP SourcePCT Drawing RequirementsPCT DrawingsPatent Cooperation Treaty
StatutoryRequiredAlways
[mpep-1844-01-f2971a4da8a2702db8c36bd4]
Main Technical Features Must Have Reference Signs
Note:
Each main technical feature in the abstract and illustrated by a drawing must be followed by a reference sign placed between parentheses.

(d) Each main technical feature mentioned in the abstract and illustrated by a drawing in the international application shall be followed by a reference sign, placed between parentheses.

Jump to MPEP SourcePCT Drawing RequirementsSignature RequirementsPCT Drawings
StatutoryInformativeAlways
[mpep-1844-01-4c701fe2ba89ca154e591bdf]
Requirement for Indicating Useless Figures
Note:
Indicate in box 6b of Form PCT/ISA/210 if none of the figures are useful for understanding the abstract.

When indicating the figure to be published, the applicant’s suggestion is found in Box No. IX of the request (Form PCT/RO/101). Where none of the figures is considered useful for the understanding of the abstract, this is indicated at the appropriate box (box 6b of the first sheet of Form PCT/ISA/210). When no drawings accompany the application, none of the boxes are checked. Otherwise, box 6a is checked and the reason for selecting the figure to be published is indicated, i.e., as suggested by the applicant, as selected by the examiner because either the applicant failed to suggest a figure in Box No. IX of Form PCT/RO/101 or the figure better characterizes the invention. It is not recommended to select more than one figure; however, if it is necessary to do so then the wording of the form should be changed to reflect the change from single case to plural case. For example, “figure” is changed to “figures”, “is” to “are” and “ No.” to “Nos.”.

Jump to MPEP SourcePCT Drawing RequirementsInternational Searching Authority (ISA)Request Content and Form
StatutoryInformativeAlways
[mpep-1844-01-67e0132b1d0930918c2589b1]
No Drawings Accompanying Application Require No Box Checks
Note:
When no drawings are submitted with the application, none of the boxes on Form PCT/ISA/210 should be checked.

When indicating the figure to be published, the applicant’s suggestion is found in Box No. IX of the request (Form PCT/RO/101). Where none of the figures is considered useful for the understanding of the abstract, this is indicated at the appropriate box (box 6b of the first sheet of Form PCT/ISA/210). When no drawings accompany the application, none of the boxes are checked. Otherwise, box 6a is checked and the reason for selecting the figure to be published is indicated, i.e., as suggested by the applicant, as selected by the examiner because either the applicant failed to suggest a figure in Box No. IX of Form PCT/RO/101 or the figure better characterizes the invention. It is not recommended to select more than one figure; however, if it is necessary to do so then the wording of the form should be changed to reflect the change from single case to plural case. For example, “figure” is changed to “figures”, “is” to “are” and “ No.” to “Nos.”.

Jump to MPEP SourcePCT Drawing RequirementsInternational Searching Authority (ISA)Request Content and Form
StatutoryRecommendedAlways
[mpep-1844-01-7fc5a225cc83bd5e381dc7f0]
Requirement for Selecting Figure to Publish
Note:
The rule requires indicating the reason for selecting a figure to be published, either as suggested by the applicant or chosen by the examiner if no suggestion is made or a better characterizing figure exists.

When indicating the figure to be published, the applicant’s suggestion is found in Box No. IX of the request (Form PCT/RO/101). Where none of the figures is considered useful for the understanding of the abstract, this is indicated at the appropriate box (box 6b of the first sheet of Form PCT/ISA/210). When no drawings accompany the application, none of the boxes are checked. Otherwise, box 6a is checked and the reason for selecting the figure to be published is indicated, i.e., as suggested by the applicant, as selected by the examiner because either the applicant failed to suggest a figure in Box No. IX of Form PCT/RO/101 or the figure better characterizes the invention. It is not recommended to select more than one figure; however, if it is necessary to do so then the wording of the form should be changed to reflect the change from single case to plural case. For example, “figure” is changed to “figures”, “is” to “are” and “ No.” to “Nos.”.

Jump to MPEP SourcePCT Drawing RequirementsRequest Content and FormSignature Requirements
Topic

PCT International Application Filing

5 rules
StatutoryRecommendedAlways
[mpep-1844-01-80036fd75f5e8ac70f5c3494]
Abstract Must Assist Technical Search
Note:
The abstract should help scientists, engineers, and researchers assess if they need to consult the full international application.

In general, the examiner will have to establish a new abstract if the applicant did not provide an abstract or if the abstract does not comply with PCT Rule 8. In determining the definitive contents of the abstract, or establishing the text of the abstract anew where it is missing, the examiner should take into consideration the fact that the abstract is merely for use as technical information and, in particular, must not be used for the purpose of interpreting the scope of the protection sought. The abstract constitutes an efficient instrument for the purpose of assisting the scientist, engineer, or researcher in searching in the particular technical field and should in particular make it possible to assess whether there is need for consulting the international application itself. WIPO guidelines for the preparation of abstracts are found in WIPO Standard ST.12/A, which is available from WIPO’s website (www.wipo.int/standards/ en/part_03_standards.html).

Jump to MPEP SourcePCT International Application FilingPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1844-01-fcda3b6de89c64e245fda6c5]
Abstract Must Comply with WIPO ST.12/A
Note:
The abstract for a PCT international application must adhere to the guidelines specified in WIPO Standard ST.12/A, available on WIPO’s website.

In general, the examiner will have to establish a new abstract if the applicant did not provide an abstract or if the abstract does not comply with PCT Rule 8. In determining the definitive contents of the abstract, or establishing the text of the abstract anew where it is missing, the examiner should take into consideration the fact that the abstract is merely for use as technical information and, in particular, must not be used for the purpose of interpreting the scope of the protection sought. The abstract constitutes an efficient instrument for the purpose of assisting the scientist, engineer, or researcher in searching in the particular technical field and should in particular make it possible to assess whether there is need for consulting the international application itself. WIPO guidelines for the preparation of abstracts are found in WIPO Standard ST.12/A, which is available from WIPO’s website (www.wipo.int/standards/ en/part_03_standards.html).

Jump to MPEP SourcePCT International Application FilingPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1844-01-a74d4de0f6ae9f64cda686a0]
Documents Between Filing and Priority Claimed Are Marked P
Note:
Documents published between the filing date of an application and the priority claim are marked with 'P', indicating their relevance to the patent application.

Documents published on dates falling between the date of filing of the application being searched and the date of priority claimed, or the earliest priority if there is more than one (see PCT Article 2(xi)(b)), are denoted by the letter “P”. The letter “P” is also given to a document published on the very day of the earliest date of priority of the patent application under consideration. The document category “P” is always accompanied by a symbol indicating the relevance of the document, for example: “P,X”, “P,Y”, or “P,A”.

Jump to MPEP SourcePCT International Application FilingPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1844-01-8a88492ccd603d1cb0e41baa]
P Document Published on Priority Date Must Be Noted
Note:
Documents published on the exact priority date must be marked with 'P' and noted in the International Search Report.

Documents published on dates falling between the date of filing of the application being searched and the date of priority claimed, or the earliest priority if there is more than one (see PCT Article 2(xi)(b)), are denoted by the letter “P”. The letter “P” is also given to a document published on the very day of the earliest date of priority of the patent application under consideration. The document category “P” is always accompanied by a symbol indicating the relevance of the document, for example: “P,X”, “P,Y”, or “P,A”.

Jump to MPEP SourcePCT International Application FilingPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1844-01-06f525a3d4df507a9a069368]
P Document With Relevance Symbol Required
Note:
Documents published on dates between filing and priority claim must be labeled with a relevance symbol such as 'P,X', 'P,Y', or 'P,A'.

Documents published on dates falling between the date of filing of the application being searched and the date of priority claimed, or the earliest priority if there is more than one (see PCT Article 2(xi)(b)), are denoted by the letter “P”. The letter “P” is also given to a document published on the very day of the earliest date of priority of the patent application under consideration. The document category “P” is always accompanied by a symbol indicating the relevance of the document, for example: “P,X”, “P,Y”, or “P,A”.

Jump to MPEP SourcePCT International Application FilingPatent Cooperation Treaty
Topic

International Filing Date

3 rules
StatutoryPermittedAlways
[mpep-1844-01-530474517cf76f2e6c4c2010]
Information for PCT/ISA/210 Before July 2022
Note:
Provides guidance on where to find information about form PCT/ISA/210 (revised January 2019) for international applications filed before July 1, 2022.

[Editor Note: This section discusses the July 2022 version of PCT/ISA/210. For international applications having an international filing date before July 1, 2022, information regarding form PCT/ISA/210 (revised January 2019) may be found in §1844.01 of the 10.2019 revision of the Ninth Edition of the MPEP published June 2020 at: www.uspto.gov/web/offices/pac/mpep/old/ mpep_E9R10.htm.]

Jump to MPEP Source · 37 CFR 1844.01International Filing DateInternational Searching Authority (ISA)Request Content and Form
StatutoryRequiredAlways
[mpep-1844-01-85bc744a027ceac640d7b88d]
Sequence Listing Must Be Filed With Statement
Note:
The application must disclose any nucleotide and/or amino acid sequence, check box 1c on the first sheet, and indicate in items 1.a and 1.b of Box No. I whether the sequence listing was filed as part of the international application or subsequently, along with a statement that it does not exceed the disclosure in the initial filing.

Where the application discloses any nucleotide and/or amino acid sequence, box 1c of the first sheet is checked and Box No. I (appearing on “continuation of first sheet (1)”) indicates in items 1.a and 1.b whether the sequence listing was filed as part of the international application or subsequent to the international filing date for the purpose of international search and whether it was accompanied by the required statement to the effect that the sequence listing does not go beyond the disclosure in the international application as filed.

Jump to MPEP SourceInternational Filing DateEffect of International FilingInternational Searching Authority (ISA)
StatutoryInformativeAlways
[mpep-1844-01-32b89f11f93a3ce391f58750]
Patent Document E for Novelty Prior Art
Note:
Indicates any patent document published on or after the filing date that could be prior art.

Any patent document bearing a filing or priority date earlier than the filing date of the application searched (not the priority date) but published on or later than that date and the content of which would constitute prior art relevant to novelty (PCT Article 33(2)) is indicated by the letter “E” (see PCT Administrative Instructions Section 507(b) and PCT Rule 33.1(c)).

Jump to MPEP SourceInternational Filing DatePCT International Application FilingPatent Cooperation Treaty
Topic

Request Content and Form

2 rules
StatutoryInformativeAlways
[mpep-1844-01-48f094e76bf84ada35e25dd8]
Separate Inventions Requirement for International Search Report
Note:
An explanation of the separate inventions must be entered in Box No. III of Form PCT/ISA/210.

An explanation of the separate inventions is entered in the appropriate area in Box No. III (see MPEP § 1850).

Jump to MPEP SourceRequest Content and FormPCT Request FormInternational Searching Authority (ISA)
StatutoryInformativeAlways
[mpep-1844-01-cc087776b5c56f3f17e52e80]
Requirement for Figure to be Published
Note:
The applicant’s suggestion for the figure to be published is found in Box No. IX of the request (Form PCT/RO/101).

When indicating the figure to be published, the applicant’s suggestion is found in Box No. IX of the request (Form PCT/RO/101). Where none of the figures is considered useful for the understanding of the abstract, this is indicated at the appropriate box (box 6b of the first sheet of Form PCT/ISA/210). When no drawings accompany the application, none of the boxes are checked. Otherwise, box 6a is checked and the reason for selecting the figure to be published is indicated, i.e., as suggested by the applicant, as selected by the examiner because either the applicant failed to suggest a figure in Box No. IX of Form PCT/RO/101 or the figure better characterizes the invention. It is not recommended to select more than one figure; however, if it is necessary to do so then the wording of the form should be changed to reflect the change from single case to plural case. For example, “figure” is changed to “figures”, “is” to “are” and “ No.” to “Nos.”.

Jump to MPEP SourceRequest Content and FormSignature RequirementsPCT Drawings
Topic

Receiving Office (RO/US)

2 rules
StatutoryRequiredAlways
[mpep-1844-01-f04c0c3f5b70c22689e28535]
International Search Required Despite Missing Title
Note:
The International Searching Authority must conduct the search even if the application lacks a title, unless notified of withdrawal.

If the international application does not contain a title and the receiving Office has notified the International Searching Authority that it has invited the applicant to correct such defect, the International Searching Authority shall proceed with the international search unless and until it receives notification that the said application is considered withdrawn.

Jump to MPEP SourceReceiving Office (RO/US)International Searching Authority (ISA)PCT International Application Filing
StatutoryRequiredAlways
[mpep-1844-01-ee822212b1b325d96be03268]
International Search Required Despite Missing Abstract
Note:
The International Searching Authority must conduct the search even if the application lacks an abstract, unless notified that the application is withdrawn.

If the international application does not contain an abstract and the receiving Office has notified the International Searching Authority that it has invited the applicant to correct such defect, the International Searching Authority shall proceed with the international search unless and until it receives notification that the said application is considered withdrawn.

Jump to MPEP SourceReceiving Office (RO/US)International Searching Authority (ISA)PCT International Application Filing
Topic

Effect of International Filing

2 rules
StatutoryRequiredAlways
[mpep-1844-01-6ee9568534819a643dc88d15]
International Application Title Must Be Established by Searching Authority
Note:
If an international application lacks a title and the International Searching Authority has not received notification from the receiving Office, or if the provided title does not comply with Rule 4.3, the authority must establish a title in the language of publication or another specified translation.

If the international application does not contain a title and the International Searching Authority has not received a notification from the receiving Office to the effect that the applicant has been invited to furnish a title, or if the said Authority finds that the title does not comply with Rule 4.3, it shall itself establish a title. Such title shall be established in the language in which the international application is to be published or, if a translation into another language was transmitted under Rule 23.1(b) and the International Searching Authority so wishes, in the language of that translation.

Jump to MPEP SourceEffect of International FilingReceiving Office (RO/US)International Searching Authority (ISA)
StatutoryRequiredAlways
[mpep-1844-01-c33a51eebf53134023eaf2ea]
Abstract Must Be Established by International Searching Authority
Note:
If the international application lacks an abstract and the authority has not received a notification from the receiving office, the authority must create one in the language of publication or another specified translation.

If the international application does not contain an abstract and the International Searching Authority has not received a notification from the receiving Office to the effect that the applicant has been invited to furnish an abstract, or if the said Authority finds that the abstract does not comply with Rule 8, it shall itself establish an abstract. Such abstract shall be established in the language in which the international application is to be published or, if a translation into another language was transmitted under Rule 23.1(b) and the International Searching Authority so wishes, in the language of that translation.

Jump to MPEP SourceEffect of International FilingReceiving Office (RO/US)International Searching Authority (ISA)
Topic

PCT Abstract Requirements

2 rules
StatutoryRequiredAlways
[mpep-1844-01-11db9f06380ff3b6420030a5]
Abstract Must Summarize Disclosure and Characterize Invention
Note:
The abstract must include a summary of the disclosure, indicating the technical field, problem solved, solution gist, and principal uses, along with any best characterizing chemical formula.
(a) The abstract shall consist of the following:
  • (i) a summary of the disclosure as contained in the description, the claims, and any drawings; the summary shall indicate the technical field to which the invention pertains and shall be drafted in a way which allows the clear understanding of the technical problem, the gist of the solution of that problem through the invention, and the principal use or uses of the invention;
  • (ii) where applicable, the chemical formula which, among all the formulae contained in the international application, best characterizes the invention.
Jump to MPEP SourcePCT Abstract RequirementsRequest Content and FormPCT Request Form
StatutoryInformativeAlways
[mpep-1844-01-dd9a81e5635c001dbc74563f]
PCT Abstract Must Comply With Specific Requirements
Note:
The PCT abstract must meet specific requirements as outlined in the international search report.

Each citation should include a reference to the claims to which it relates (see PCT Administrative Instructions Section 508). If necessary, various relevant parts of the document cited should each be related to the claims in like manner (with the exception of “L” documents and “A” documents). It is also possible for the same document to represent a different category with respect to different claims. For example:

Jump to MPEP SourcePCT Abstract RequirementsArticle 19 Amendment ScopePCT Description Requirements
Topic

35 U.S.C. 103 – Obviousness

2 rules
StatutoryInformativeAlways
[mpep-1844-01-f7b1dcbaf451e567984fffa6]
Indicating Particularly Relevant Documents
Note:
Documents cited in the international search report that are particularly relevant to novelty or inventive step are marked with 'X' or 'Y'. Category X indicates alone they render the invention non-novelty, while Y requires combination with other documents for lack of inventiveness.

Where a document cited in the international search report is particularly relevant, it is indicated by the letters “X” or “Y”. Category “X” is applicable where a document is such that when taken alone, a claimed invention cannot be considered novel or where a document is such that when considered in light of common general knowledge, a claimed invention cannot be considered to involve an inventive step. Category “Y” is applicable where a document is such that a claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other documents of the same category, such combination being obvious to a person skilled in the art.

StatutoryProhibitedAlways
[mpep-1844-01-fb09143122d583110316f137]
Requirement for Document Categories X and Y in International Search Report
Note:
Documents categorized as X or Y are required to be noted when a claimed invention is not novel alone or lacks inventive step with common general knowledge or combination with other documents.

Where a document cited in the international search report is particularly relevant, it is indicated by the letters “X” or “Y”. Category “X” is applicable where a document is such that when taken alone, a claimed invention cannot be considered novel or where a document is such that when considered in light of common general knowledge, a claimed invention cannot be considered to involve an inventive step. Category “Y” is applicable where a document is such that a claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other documents of the same category, such combination being obvious to a person skilled in the art.

Topic

Statement Under Article 19

1 rules
StatutoryInformativeAlways
[mpep-1844-01-1b2294ba1ce98bb7cc1c44d3]
Examiner Approves Abstract and Title
Note:
The examiner reviews and approves the abstract, title of the invention, and the accompanying figure for publication.

The international application must contain an abstract and a title. The examiner considers the abstract (together with the title of the invention and the figure of the drawings to be published with the abstract) in relation to the requirements of the Regulations under the PCT. The examiner indicates approval or amendment of the title of the invention, the text of the abstract, and the selection of the figure that is to accompany the abstract in items 4 to 6 of the first sheet of the international search report.

Jump to MPEP SourceStatement Under Article 19Article 19 Amendment TimingPCT Drawing Requirements
Topic

Patent Term Expiration

1 rules
StatutoryRequiredAlways
[mpep-1844-01-1068da43e9e0a7cf83116e43]
Applicant May Submit Abstract Modifications
Note:
The applicant can submit modifications to the abstract within one month of receiving the international search report, and the International Searching Authority will decide whether to modify it accordingly.
The applicant may, until the expiration of one month from the date of mailing of the international search report, submit to the International Searching Authority: and the Authority shall decide whether to modify the abstract accordingly. Where the Authority modifies the abstract, it shall notify the modification to the International Bureau.
  • (i) proposed modifications of the abstract; or
  • (ii) where the abstract has been established by the Authority, proposed modifications of, or comments on, that abstract, or both modifications and comments;
Jump to MPEP SourcePatent Term ExpirationPatent Term
Topic

Signature Requirements

1 rules
StatutoryInformativeAlways
[mpep-1844-01-13e9939a9dcde3327b044539]
Examiner Considers Applicant Comments on Abstract
Note:
If the applicant comments, the examiner takes those comments into account when deciding whether to amend the abstract. The examiner is not required to respond to the applicant's comments even if they are adverse.

The applicant may submit modifications of the abstract until the expiration of one month from the date of mailing of the search report. If the examiner establishes a new abstract, the applicant may propose modifications of, and/or comment on, the new abstract after it has been established in the international search report. The applicant is allowed one month from the date of mailing of the international search report to respond to the examiner’s abstract in the report. If the applicant does comment, the examiner takes the applicant’s comments into consideration. It is not necessary for the examiner to reply to the applicant’s comments even if adverse. If the examiner decides to amend the abstract established in the international search report based on the proposed modifications and/or comment, the International Bureau and the applicant are notified using Form PCT/ISA/205. See PCT Rule 38.3 and Administrative Instructions Section 515.

Jump to MPEP SourceSignature RequirementsArticle 19 Amendment ScopeArticle 19 Amendment Timing
Topic

PCT Drawings

1 rules
StatutoryInformativeAlways
[mpep-1844-01-206f5ef3c15148d9827e56b0]
Requirement for Selecting Figure to Publish
Note:
The applicant must suggest a figure in Box IX of Form PCT/RO/101, and the examiner selects based on its usefulness or as suggested by the applicant.

When indicating the figure to be published, the applicant’s suggestion is found in Box No. IX of the request (Form PCT/RO/101). Where none of the figures is considered useful for the understanding of the abstract, this is indicated at the appropriate box (box 6b of the first sheet of Form PCT/ISA/210). When no drawings accompany the application, none of the boxes are checked. Otherwise, box 6a is checked and the reason for selecting the figure to be published is indicated, i.e., as suggested by the applicant, as selected by the examiner because either the applicant failed to suggest a figure in Box No. IX of Form PCT/RO/101 or the figure better characterizes the invention. It is not recommended to select more than one figure; however, if it is necessary to do so then the wording of the form should be changed to reflect the change from single case to plural case. For example, “figure” is changed to “figures”, “is” to “are” and “ No.” to “Nos.”.

Jump to MPEP SourcePCT DrawingsPCT Drawing RequirementsInternational Searching Authority (ISA)
Topic

Right of Priority (Paris Convention)

1 rules
StatutoryPermittedAlways
[mpep-1844-01-61269e8e3487f8112107e73f]
Document Cited for Evidence in Search Report
Note:
Documents cited in the search report must be for reasons other than priority claims or establishing publication dates.
Where in the search report any document is cited for reasons other than those referred to in the foregoing paragraphs (in particular as evidence), for example:
  • (A) a document which may throw doubt on a priority claim (Article 4(C)(4) of the Paris Convention), or
  • (B) a document cited to establish the publication date of another citation,
Jump to MPEP SourceRight of Priority (Paris Convention)Foreign Priority ClaimsPriority and Benefit Claims

Citations

Primary topicCitation
International Filing Date
International Searching Authority (ISA)
37 CFR § 1844.01
International Searching Authority (ISA)MPEP § 1836
Article 19 Amendment ScopeMPEP § 1843.02
Article 19 Amendment ScopeMPEP § 1843.03
International Searching Authority (ISA)MPEP § 1845.02
Article 19 Amendment Scope
Article 19 Amendment Timing
International Searching Authority (ISA)
Request Content and Form
MPEP § 1850
PCT International Application FilingPCT Article 2(xi)(b)
International Filing Date
International Searching Authority (ISA)
PCT Rule 33.1(c)
Article 19 Amendment Scope
International Filing Date
International Searching Authority (ISA)
PCT Article 33(2)
Article 19 Amendment Scope
Article 19 Amendment Timing
Patent Cooperation Treaty
Signature Requirements
PCT Rule 38.3
Patent Cooperation TreatyPCT Rule 4.3
International Searching Authority (ISA)PCT Rule 43.8
Article 19 Amendment Scope
International Searching Authority (ISA)
PCT Administrative Instructions Section 503
International Filing DatePCT Administrative Instructions Section 507
Article 19 Amendment Scope
PCT Abstract Requirements
PCT Administrative Instructions Section 508
International Searching Authority (ISA)PCT Administrative Instructions Section 514
Article 19 Amendment ScopePCT Rule 6.4(a)
PCT International Application Filing
Patent Cooperation Treaty
PCT Rule 8
International Searching Authority (ISA)PCT Rule 91

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31