When can an International Searching Authority refuse to establish a search report?

This page is an FAQ based on guidance 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.

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 description, the claims, or the drawings fail to comply with the prescribed requirements to such an extent that a meaningful search could not be carried out, it may declare that it will not establish a search report.”

This provision allows the Authority to declare that no search report will be established if the application’s deficiencies prevent a meaningful search.