When 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 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.
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