PCT AG-IP 8.041 What are the consequences if the Authority finds that carrying out the supplementary international search is excluded by a limitation or condition?

Rule 45bis.5(g)
and (h)
45bis.9

8.041.   What are the consequences if the Authority finds that carrying out the supplementary international search is excluded by a limitation or condition?  If the Authority specified for supplementary search finds that carrying out the search is entirely excluded by a limitation or condition set out in its Agreement with the International Bureau (see www.wipo.int/pct/en/access/isa_ipea_agreements.html), other than a limitation under Article 17(2), it will declare that the supplementary search request be considered not to have been submitted, and promptly notify the applicant and the International Bureau accordingly.  If, however, the Authority finds that carrying out the search is not entirely excluded, it may restrict the search to certain claims only and will indicate this fact in the supplementary international search report.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip08.html

Date retrieved: 24 November 2017

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