What happens if an International Searching Authority (ISA) can’t perform a meaningful search on some claims?
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…
Read MoreWhen can an International Searching Authority refuse to establish a search report?
An International Searching Authority can refuse to establish a search report if it considers that the description, claims, or drawings fail to comply with prescribed requirements to such an extent that a meaningful search cannot be carried out. This is stated in PCT Article 17(2)(a)(ii), which says: “If the International Searching Authority considers that the…
Read MoreWhat are the main procedural steps for an international application in the International Searching Authority?
According to MPEP 1840, the main procedural steps for any international application in the International Searching Authority are: Making of the international search (PCT Article 15) Preparing of the international search report (PCT Article 18 and PCT Rule 43) For international applications having an international filing date on or after January 1, 2004, preparing a…
Read MoreWhat documents are included in the publication of an international application?
The publication of an international application typically includes: A cover page with applicant/inventor data, application data, and the Abstract The description, claims, and drawing parts of the international application The search report (Form PCT/ISA/210), if available As stated in the MPEP, “The publication may also include other items as set forth in PCT Rule 48.”…
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