PCT AG-IP 8.042 May the Authority refuse to search certain claims?

Article 17(2)(a)
Rule 45bis.5

8.042.  May the Authority refuse to search certain claims?  In certain circumstances the Authority is not obliged to conduct a supplementary search on some or all of the claims in the international application.  These include subject matter that the Authority would not search in a main international search and claims which have not been searched by the main searching Authority.  If the Authority specified for supplementary search finds that it is not obliged to search any of the claims, it will declare that no supplementary international search report will be established (see paragraph 8.048) and promptly notify the applicant and the International Bureau accordingly.

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

Date retrieved: 02 November 2015

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