Patent Cooperation Treaty; with Regulations

 

RULE 43

THE INTERNATIONAL SEARCH REPORT

43.1 Identifications

The international search report shall identify the International Searching
Authority which established it by indicating the name of such Authority,
and the international application by indicating the international
application number, the name of the applicant, the name of the receiving
Office, and the international filing date.

43.2 Dates

The international search report shall be dated and shall indicate the date
on which the international search was actually completed. It shall also
indicate the filing date of any earlier application whose priority is
claimed.

43.3 Classification

(a) The international search report shall contain the classification of the
subject matter at least according to the International Patent
Classification.

(b) Such classification shall be effected by the International Searching
Authority.

43.4 Language

Every international search report and any declaration made under Article
17(2)(a) shall be in the language in which the international application to
which it relates is published.

43.5 Citations

(a) The international search report shall contain the citations of the
documents considered to be relevant.

(b) The method of identifying any cited document shall be regulated by the
Administrative Instructions.

(c) Citations of particular relevance shall be specially indicated.

(d) Citations which are not relevant to all the claims shall be cited in
relation to the claim or claims to which they are relevant.

(e) If only certain passages of the cited document are relevant or
particularly relevant, they shall be identified, for example, by indicating
the page, the column, or the lines, where the passage appears.

43.6 Fields Searched

(a) The international search report shall list the classification
identification of the fields searched. If that identification is effected
on the basis of a classification other than the International Patent
Classification, the International Searching Authority shall publish the
classification used.

(b) If the international search extended to Patents , inventors’
certificates, utility certificates, utility models, Patents or certificates
of addition, inventors’ certificates of addition, utility certificates of
addition, or published applications for any of those kinds of protection,
of States, periods, or languages, not included in the minimum documentation
as defined in Rule 34, the international search report shall, when
practicable, identify the kinds of documents, the States, the periods, and
the languages to which it extended. For the purposes of this paragraph,
Article 2(ii) shall not apply.

43.7 Remarks Concerning Unity of Invention

If the applicant paid additional fees for the international search, the
international search report shall so indicate. Furthermore, where the
international search was made on the main invention only (Article
17(3)(a)), the international search report shall indicate what parts of the
international application were and what parts were not searched.

43.8 Signature

The international search report shall be signed by an authorized officer of
the International Searching Authority.

43.9 No Other Matter
The international search report shall contain no matter other than that
enumerated in Rules 33.1(b) and (c), 43.1, 2, 3, 5, 6, 7 and 8, and 44.2(a)
and (b), and the indication referred to in Article 17(2)(b). In particular,
it shall contain no expressions of opinion, reasoning, arguments, or
explanations.

43.10 Form

The physical requirements as to the form of the international search report
shall be prescribed by the Administrative Instructions.

RULE 44

TRANSMITTAL OF THE INTERNATIONAL SEARCH REPORT, ETC.

44.1 Copies of Report or Declaration

The International Searching Authority shall, on the same day, transmit one
copy of the international search report or the declaration referred to in
Article 17(2)(a) to the International Bureau and one copy to the applicant.

44.2 Title or Abstract

(a) Subject to paragraphs (b) and (c), the international search report
shall either state that the International Searching Authority approves the
title and the abstract as submitted by the applicant or be accompanied by
the text of the title and/or abstract as established by the International
Searching Authority under Rules 37 and 38.

(b) If, at the time the international search is completed, the time limit
allowed for the applicant to comment on any suggestion of the International
Searching Authority in respect of the abstract has not expired, the
international search report shall indicate that it is incomplete as far as
the abstract is concerned.

(c) As soon as the time limit referred to in paragraph (b) has expired, the
International Searching Authority shall notify the abstract approved or
established by it to the International Bureau and to the applicant.

44.3 Copies of Cited Documents

(a) The request referred to in Article 20(3) may be presented any time
during 7 years from the international filing date of the international
application to which the international search report relates.

(b) The International Searching Authority may require that the party
(applicant or designated Office) presenting the request pay to it the cost
of preparing and mailing the copies. The level of the cost of preparing,
copies shall be provided for in the agreements referred to in Article
16(3)(b) between the International Searching Authorities and the
International Bureau,

(c) Any International Searching Authority not wishing to send copies direct
to any designated Office shall send a copy to the International Bureau and
the International Bureau shall then proceed as provided in paragraphs (a)
and (b).

(d) Any International Searching Authority may perform the obligations
referred to in (a) to (c) through another agency responsible to it.

RULE 45

TRANSLATION OF THE INTERNATIONAL SEARCH REPORT

45.1 Languages

International search reports and declarations referred to in Article
17(2)(a) shall, when not in English, be translated into English.

RULE 46

AMENDMENT OF CLAIMS BEFORE THE INTERNATIONAL BUREAU

46.1 Time Limit

The time limit referred to in Article 19 shall be 2 months from the date of
transmittal of the international search report to the International Bureau
and to the applicant by the International Searching Authority or, when such
transmittal takes place before the expiration of 14 months from the
priority date, 3 months from the date of such transmittal.

46.2 Dating of Amendments

The date of receipt of any amendment shall be recorded by the International
Bureau and shall be indicated by it in any publication or copy issued by
it.

46.3 Language of Amendments

If the international application has been filed in a language other than
the language in which it is published by the International Bureau, any
amendment made under Article 19 shall be both in the language in which the
international application has been filed and in that in which it is
published.

46.4 Statement

(a) The statement referred to in Article 19(1) shall be in the language in
which the international application is published and shall not exceed 500
words if in the English language or if translated into that language.

(b) The statement shall contain no comments on the international search
report or the relevance of the citations contained in that report. The
statement may refer to a citation contained in the international search
report only in order to indicate that a specific amendment of the claims is
intended to avoid the document cited.

146.5 Form of Amendments

(a) The applicant shall be required to submit a replacement sheet for every
sheet of the claims which, on account of an amendment or amendments under
Article 19, differs from the sheet originally filed. The letter
accompanying the replacement sheets shall draw attention to the differences
between the replaced sheets and the replacement sheets. To the extent that
any amendment results in the cancellation of an entire sheet, that
amendment shall be communicated in a letter.

(b) The International Bureau shall mark on each replacement sheet the
international application number, the date on which it was received, and
the stamp identifying the International Bureau. It shall keep in its files
any replaced sheet, the letter accompanying the replacement sheet or
sheets, and any letter referred to in the last sentence of paragraph (a).

(c) The International Bureau shall insert any replacement sheet in the
record copy and, in the case referred to in the last sentence of paragraph
(a), shall indicate the cancellations in the record copy.

 

Author: international

Mentioned in these Entries

Patent Cooperation Treaty; with Regulations, Patents.