What happens if an International Searching Authority doesn’t establish a search report?
If an International Searching Authority (ISA) decides not to establish a search report for an international application, it doesn’t necessarily mean the end of the application process. According to MPEP 1843.02:
“It is to be noted, nevertheless, that the lack of the international search report in such case will not have, in itself, any influence on the validity of the international application and the latter’s processing will continue, including its communication to the designated Offices.“
This means that:
- The international application remains valid
- The application will continue to be processed
- The application will still be communicated to the designated Offices
However, it’s important to note that the lack of an international search report may impact the examination process in national or regional phases. Applicants should be prepared to face potential challenges or additional requirements when entering these phases without the benefit of an international search report.
To learn more: