A.17 PCT Procedure Before the International Searching Authority

(1)  Procedure before the International Searching Authority shall be governed by the provisions of this Treaty, the Regulations, and the agreement which the International Bureau shall conclude, subject to this Treaty and the Regulations, with the said Authority.

(2)(a)  If the International Searching Authority considers

(i)   that the international application relates to a subject matter which the International Searching Authority is not required, under the Regulations, to search, and in the particular case decides not to search, or

(ii)   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,

the said Authority shall so declare and shall notify the applicant and the International Bureau that no international search report will be established.

(b)  If any of the situations referred to in subparagraph (a) is found to exist in connection with certain claims only, the international search report shall so indicate in respect of such claims, whereas, for the other claims, the said report shall be established as provided in Article 18.

(3)(a)  If the International Searching Authority considers that the international application does not comply with the requirement of unity of invention as set forth in the Regulations, it shall invite the applicant to pay additional fees. The International Searching Authority shall establish the international search report on those parts of the international application which relate to the invention first mentioned in the claims ("main invention") and, provided the required additional fees have been paid within the prescribed time limit, on those parts of the international application which relate to inventions in respect of which the said fees were paid.

(b)  The national law of any designated State may provide that, where the national Office of that State finds the invitation, referred to in subparagraph (a), of the International Searching Authority justified and where the applicant has not paid all additional fees, those parts of the international application which consequently have not been searched shall, as far as effects in that State are concerned, be considered withdrawn unless a special fee is paid by the applicant to the national Office of that State.

Source: http://www.wipo.int/pct/en/texts/articles/a17.htm

Date retrieved: 02 November 2015

163 references found.

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EPC Implementing Rules

EPO Guidelines - B Search

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - E General Procedural Matters

EPO PCT GL - B Search

EPO PCT GL - C Procedureal Aspects Chapter II

EPO PCT GL - F (not assigned)

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

EPO Guide for Applicants, part II Int. - D The EPO as an IPEA

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase

PCT Newsletter - Practical Advice

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law Book: VI Rules Common to all Proceedings

Case Law of the Enlarged Board

Case Law with Headnote

General Case Law