Refer to 6.1.6 Subjects to be Excluded from the Search, e.g. scientific and mathematical theories, plant or animal varieties, schemes, rules or methods of doing business, or computer programs. When considering this issue, discussion with a senior examiner and confirmation with supervising examiner is required.

Non-establishment of report

Refer to Subjects to be Excluded from the Search, which indicates the course of action to be taken in this case: discussion with senior examiner and confirmation with supervising examiner.

Payment of fees under protest

Refer to 6.1.4.11 Payment of Additional Search Fees Under Protest, which indicates the course of action to be taken in this case.

Authorized Officer

Where the search examiner is an authorized officer his or her name will appear on the search report.

Where the search examiner is not an authorized officer the name of the responsible examiner who will be supervising the report should be entered as the authorized officer.

First sheet of the ISR

Earliest priority date

This information is given in the PCT Request form (PCT/RO/101) in Box VI. This data is initially captured by the PCT Unit and automatically appears in the dialogue box when entering the application number in the ISA macro. However, the Examiner must check that the correct date has been captured.

Inform the PCT Unit if an error in the priority date is found.

Total number of sheets

The first sheet of the ISR will indicate the total number of sheets in the report. This number is automatically calculated and entered on the front sheet.

“It is also accompanied by a copy of each prior art document cited in this report” box.

Leave this space blank.

The PCT Unit is responsible for completing this box.

Translation of the international application furnished under Rule 23.1(b)

Where a translation of the international application is furnished under Rule 23.1(b), a copy of that translation and of the request, which together shall be considered to be the search copy under PCT Article 12(1), shall be transmitted by the receiving Office to the International Searching Authority, unless no search fee has been paid. In the latter case, a copy of said translation and of the request shall be transmitted promptly after payment of the search fee.

Rectifications of Obvious Mistakes

Where there is an indication on the file that the rectification of an obvious mistake (or “obvious error” where the rectification has occurred before 1 April 2007) has been authorized, the international report shall indicate this and the report should be established on the basis of this rectification. See 6.1.17 Rule 91 Obvious Mistakes in Documents for information regarding obvious mistakes.

Nucleotide and/or amino acid sequence listings

The considerations for nucleotide and/or amino acid sequence listing may be found in 6.1.18.1 Nucleotide and/or Amino Acid Sequence Listings.

Note that a sequence listing is a separate part of the description that is presented in a specific format (Annex C of the Administrative Instructions under the PCT). Nucleotide or amino acid sequences that appear in the figures or drawings, or in the text of the description, do not constitute a sequence listing.

Where a nucleotide or amino acid sequence listing is provided and is used to conduct the search, examiners should mark the checkbox at item 1c of the front sheet of the ISR (item 1b of the front sheet of International Type Search Report) and complete item 1 and item 2 (if appropriate) of Box I.

Where a sequence listing is provided, but it is not used to conduct the search, the checkbox at item 1c of the front sheet of the ISR (item 1b of the front sheet of International Type Search Report) should be marked and items 1 and 2 of Box I left blank. Examiners should indicate under item 3 of Box I (Additional comments) that:

“There was a sequence listing originally filed but it was not used for the purposes of this search.”

Where sequences are present in the drawings or figures, or in the text of the description (but not in the form of a sequence listing), and these sequences are used to conduct the search, the checkbox at item 1c of the front sheet of the ISR (item 1b of the front sheet of International Type Search Report) should be marked and items 1 and 2 of Box I left blank. Examiners should indicate under item 3 of Box I that:

“A sequence listing was not filed, however the sequences depicted in (Figure 1, Table 3 etc.) were used for the purposes of this search.”

Certain claims found to be unsearchable

Subjects to be excluded from the search. Refer to 6.1.6 Subjects to be Excluded from the Search
Broad claims; multitudinous claims. See 6.1.7 Claim Interpretation; Broad Claims; PCT Articles 5 and 6
Omnibus Claims [Rule 6.2(a)] see 6.3.8.8 Box VII Certain Defects for instructions on filling in the ISR and Annex O for example.

Drawings to be published

When indicating the Figure No. of the drawings, the Applicant's suggestion is found at Box IX of the International Application Request (PCT/RO/101).

Where none of the figures are considered useful for the understanding of the abstract (paragraph 4.2(c)), indicate this at the appropriate box (item 6, first sheet).

When no drawings accompany the application do not cross any boxes.

It is not recommended to select more than one figure; however, if it is necessary to do so then change the wording to reflect the change from single case to plural case. For example, change “figure” to “figures”, “is” to “are” and “No.” to “Nos.”

Box No. I of the ISR

See Nucleotide and/or amino acid sequence listings above

Box No. II of the ISR

Excluded subject matter Item 1

Refer to 6.1.6 Subjects to be Excluded from the Search

No meaningful search possible Item

Refer to 6.1.7.2.1 No meaningful search can be carried out

Multiple dependant claims Item 3

Refer to 6.1.11.12 Grouping the Claims

Ignore this box as our national law allows multiple dependent claims.

Box No. III of the ISR

Lack of unity

Refer to 6.1.4.2 Determining Lack of Unity

Remarks on lack of unity fees paid under protest.

Refer to 6.1.4.11 Payment of Additional Search Fees Under Protest

Box No. IV of the ISR

Text of the abstract

Refer to 6.1.5.1 Abstract

Abstracts should not be more than about 150 words.

Second Sheet of ISR, Box A

Classification of Subject Matter: IPC Symbols

The first IPC symbol listed in the ISR should have particular significance in that it most adequately characterises the invention. All relevant IPC symbols will be automatically added to the report based on concordance with the CPC classification tasks performed by CPC Classifiers from all relevant sections. The report cannot be completed if CPC Classification has not been finalised.

The RIO system will populate the version indicator for each IPC symbol, as indicated in the Guide to the IPC (year, month), in round brackets after each IPC symbol. The validation and the ST.10/C display will be used wherever the IPC symbols are presented (in the IPC box) in any report.

6.1.12.3 General Details - ISR

Also in this Chapter:

Key Legislation:

Related Chapters:

Notification of Transmittal of ISR and ISO

Establishment/Non-establishment of search report