PCT AG-IP 7.002 May the applicant submit comments on earlier search results to the Authority that shall carry out the international search?

Article 16
Rule 4.14bis
35

7.002.   Which International Searching Authority is competent?  Each receiving Office (except the International Bureau as receiving Office – see paragraph 5.008) specifies one or more International Searching Authorities as competent to carry out international searches on international applications filed with it.  For some receiving Offices, different International Searching Authorities are competent depending on the language in which the international application is filed or, where the international application is filed in a language accepted by the receiving Office but not by the International Searching Authority, translated.  Where several International Searching Authorities are specified as competent by the receiving Office, the applicant may choose between them (subject to any such language restriction).  Annex C indicates the International Searching Authority or Authorities specified as competent by each receiving Office, and the languages in which international applications filed with that Office are accepted for international search by those Authorities.  Where the international application is filed with the International Bureau as receiving Office, the competent International Searching Authority (or Authorities) is that (or are those) which would have been competent if the international application had been filed with a competent national (or regional) Office as receiving Office.  All of the languages accepted for search by each International Searching Authority are set out in Annex D.  Where two or more International Searching Authorities are competent to carry out the international search, the applicant must indicate the Authority of his choice in the request form (see paragraph 5.072) and should also indicate it in the fee calculation sheet (see paragraphs 5.093 and 5.187).  Finally, within the framework of the respective agreements relating to the functioning of certain Offices as International Searching Authorities, these Authorities may provide for limitations of their competence in respect of certain international applications.  The consolidated texts of these Agreements are available on the WIPO website at the following address:  www.wipo.int/pct/en/access/isa_ipea_agreements.html.  For more detailed information, see Annex D.

7.002A.   May the applicant submit comments on earlier search results to the Authority that shall carry out the international search?  Where an international application claims the priority of an earlier application in relation to which a search had already been carried out by the same Office that acts as International Searching Authority, some International Searching Authorities have indicated that they would, when carrying out the international search, consider comments made by applicants in response to the earlier search results relating to the priority application.  Applicants who wish to have such comments taken into account should submit them to the receiving Office together with the international application, typically by checking Box No. IX of the request, sub-box “Other”, and indicating “Informal comments on earlier search results”.  These informal comments would then be transmitted to the International Searching Authority and the International Bureau together with the search copy and the record copy.  Informal comments on earlier search results will be published on PATENTSCOPE (For information on which International Searching Authorities offer this service, see Annex D.)

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip07.html

Date retrieved: 24 November 2017

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