Patent Cooperation Treaty; with Regulations 23

Patent Cooperation Treaty; with Regulations

 

Article 15
The International Search

(1) Each international application shall be the subject of international
search.

(2) The objective of the international search is to discover relevant prior
art.

(3) International search shall be made on the basis of the claims, with due
regard to the description and the drawings (if any).

(4) The International Searching Authority referred to in Article 16 shall
endeavor to discover as much of the relevant prior art as its facilities
permit, and shall, in any case, consult the documentation specified in the
Regulations.

(5)(a) If the national law of the Contracting State so permits, the
applicant who files a national application with the national Office of or
acting for such State may, subject to the conditions provided for in such
law, request that a search similar to an international search
(“international-type search”) be carried out on such application.

(b) If the national law of the Contracting State so permits, the
national Office of or acting for such State may subject any national
application filed with it to all international-type search.

(c) The international-type search shall be carried out by the International
Searching Authority referred to in Article 16 which would be competent for
an international search if the national application were an international
application and were filed with the Office referred to in subparagraphs (a)
and (b). If the national application is in a language which the
International Searching Authority considers it is not equipped to handle,
the international-type search shall be carried out on a translation
prepared by the applicant in a language prescribed for international
applications and which the International Searching Authority has undertaken
to accept for international applications. The national application and the
translation, when required, shall be presented in the form prescribed for
international applications.

Article 16
The International Searching Authority

(1) International search shall be carried out by an International Searching
Authority, which may be either a national Office or an intergovernmental
organization, such as the International Patent Institute, whose tasks
include the establishing of documentary search reports on prior art with
respect to inventions which are the subject of applications.

(2) If, pending the establishment of a single International Searching
Authority, there are several International Searching Authorities, each
receiving Office shall, in accordance with the provisions of the applicable
agreement referred to in paragraph (3)(b), specify the International
Searching Authority or Authorities competent for the searching of
international applications filed with such Office.

(3)(a) International Searching Authorities shall be appointed by the
Assembly. Any national Office and any intergovernmental organization
satisfying the requirements referred to in subparagraph (c) may be
appointed as International Searching Authority.

(b) Appointment shall be conditional on the consent of the national
Office or intergovernmental organization to be appointed and the conclusion
of an agreement, subject to approval by the Assembly, between such Office
or organization and the International Bureau. The agreement shall specify
the rights and obligations of the parties, in particular, the formal
undertaking by the said Office or organization to apply and observe all the
common rules of international search.

(c) The Regulations prescribe the minimum requirements, particularly as
to manpower and documentation, which any Office or organization must
satisfy before it can be appointed and must continue to satisfy while it
remains appointed.

(d) Appointment shall be for a fixed period of time and may be extended
for further periods.

(e) Before the Assembly makes a decision on the appointment of any
national Office or intergovernmental organization, or on the extension of
its appointment, or before it allows any such appointment to lapse, the
Assembly shall hear the interested Office or organization and seek the
advice of the Committee for Technical Cooperation referred to in Article 56
once that Committee has been established.

Article 17
Procedure Before the International Searching Authority

(1) Procedure before the International Searching Authority shall be
governed by the provisions of this Treaty, the Regulations, and the
agreement which the International Bureau shall conclude, subject to this
Treaty and the Regulations, with the said Authority.

(2)(a) If the International Searching Authority considers

(i) that the international application relates to a subject matter
which the International Searching Authority is not required,
under the Regulations, to search, and in the particular case
decides not to search, or

(ii) that the description, the claims, or the drawings, fail to
comply with the prescribed requirements to such an extent that
a meaningful search could not be carried out, the said
Authority shall so declare and shall notify the applicant and
the International Bureau that no international search report
will be established.

(b) If any of the situations referred to in subparagraph (a) is found to
exist in connection with certain claims only, the international search
report shall so indicate in respect of such claims, whereas, for the other
claims, the said report shall be established as provided in Article 18.

(3) (a) If the International Searching Authority considers that the
international application does not comply with the requirement of unity of
invention as set forth in the Regulations, it shall invite the applicant to
pay additional fees. The International Searching Authority shall establish
the international search report on those parts of the international
application which relate to the invention first mentioned in the claims
(“main invention”) and, provided the required additional fees have been
paid within the prescribed time limit, on those parts of the international
application which relate to inventions in respect of which the said fees
were paid.

(b) The national law of any designated State may provide that, where the
national Office of that State finds the invitation, referred to in
subparagraph (a), of the International Searching Authority justified and
where the applicant has not paid all additional fees, those parts of the
international application which consequently have not been searched shall,
as far as effects in that State are concerned, be considered withdrawn
unless a special fee is paid by the applicant to the national Office of
that State.

Article 18
The International Search Report

(1) The international search report shall be established within the
prescribed time limit and in the prescribed form.

(2) The international search report shall, as soon as it has been
established, be transmitted by the International Searching Authority to the
applicant and the International Bureau.

(3) The international search report or the declaration referred to in
Article 17(2)(a) shall be translated as provided in the Regulations. The
translations shall be prepared by or under the responsibility of the
International Bureau.

Article 19
Amendment of the Claims Before the
International Bureau

(1) The applicant shall, after having received the international search
report, be entitled to one opportunity to amend the claims of the
international application by filing amendments with the International
Bureau within the prescribed time limit. He may, at the same time, file a
brief statement, as provided in the Regulations, explaining the amendments
and indicating any impact that such amendments might have on the
description and the drawings.

(2) The amendments shall not go beyond the disclosure in the international
application as filed.

(3) If the national law of any designated State permits amendments to go
beyond the said disclosure, failure to comply with paragraph (2) shall have
no consequence in that State.

Article 20
Communication to Designated Offices

(1)(a) The international application, together with the international
search report (including any indication referred to in Article 17(2)(b)) or
the declaration referred to in Article 17(2)(a), shall be communicated to
each designated Office, as provided in the Regulations, unless the
designated Office waives such requirement in its entirety or in part.

(b) The communication shall include the translation (as Prescribed) of
the said report or declaration.

(2) If the claims have been amended by virtue of Article 19(1), the
communication shall either contain the full text of the claims both as
filed and as amended or shall contain the full text of the claims as filed
and specify the amendments, and shall include the statement, if any,
referred to in Article 19(1).

(3) At the request of the designated Office or the applicant, the
International Searching Authority shall send to the said Office or the
applicant, respectively, copies of the documents cited in the international
search report, as provided in the Regulations.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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