PCT AG-IP 7.002 Which International Searching Authority is competent?

Article 16
Rule 4.14bis

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.

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

Date retrieved: 02 November 2015

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