What is the function of the International Searching Authority (ISA) in the PCT system?
The International Searching Authority (ISA) plays a critical role in the PCT system by conducting prior art searches and providing a written opinion on the patentability of the claimed invention. According to the MPEP, The basic functions of the International Searching Authority (ISA) are to conduct a prior art search of inventions claimed in international applications (it does this by searching in at least the minimum documentation defined by the Treaty (PCT Articles 15 and 16 and PCT Rule 34)) and to issue a written opinion (PCT Rule 43bis) which will normally be considered to be the first written opinion of the International Preliminary Examining Authority where international preliminary examination is demanded.
Key functions of the ISA include:
- Conducting a prior art search
- Issuing a written opinion on novelty, inventive step, and industrial applicability
- Preparing an international search report (ISR)
- Checking the content of the title and abstract
The MPEP further states, An international search report (ISR) and written opinion will normally be issued by the International Searching Authority within 3 months from the receipt of the search copy (usually about 16 months after the priority date) (PCT Rule 42).
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