R.35 PCT The Competent International Searching Authority

35.1       When Only One International Searching Authority Is Competent

 Each receiving Office shall, in accordance with the terms of the applicable agreement referred to in Article 16(3)(b), inform the International Bureau which International Searching Authority is competent for the searching of the international applications filed with it, and the International Bureau shall promptly publish such information.

35.2       When Several International Searching Authorities Are Competent

(a)  Any receiving Office may, in accordance with the terms of the applicable agreement referred to in Article 16(3)(b), specify several International Searching Authorities:

(i)  by declaring all of them competent for any international application filed with it, and leaving the choice to the applicant, or

(ii)  by declaring one or more competent for certain kinds of international applications filed with it, and declaring one or more others competent for other kinds of international applications filed with it, provided that, for those kinds of international applications for which several International Searching Authorities are declared to be competent, the choice shall be left to the applicant.

(b)  Any receiving Office availing itself of the faculty provided in paragraph (a) shall promptly inform the International Bureau, and the International Bureau shall promptly publish such information.

35.3       When the International Bureau Is Receiving Office under Rule 19.1(a)(iii)

(a)  Where the international application is filed with the International Bureau as receiving Office under Rule 19.1(a)(iii), an International Searching Authority shall be competent for the searching of that international application if it would have been competent had that international application been filed with a receiving Office competent under Rule 19.1(a)(i) or (ii), (b) or (c) or Rule 19.2(i).

(b)  Where two or more International Searching Authorities are competent under paragraph (a), the choice shall be left to the applicant.

(c)  Rules 35.1 and 35.2 shall not apply to the International Bureau as receiving Office under Rule 19.1(a)(iii).

Source: http://www.wipo.int/pct/en/texts/rules/r35.htm

Date retrieved: 02 November 2015

10 references found.

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EPO PCT GL - B Search

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

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PCT Implementing Rules

PCT Applicant's Guide - International Phase

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