6.2.9 Completing Search Report and Opinion Form

Also in this Chapter:

• 6.2.1 Procedural Outline International Type Search Report
• 6.2.2 Introduction - International Type Searching
• 6.2.3 Classification and Search Indication
• 6.2.4 Unity of Invention
• 6.2.5 Subjects to be Excluded from the Search
• 6.2.6 Obscurities, Inconsistencies or Contradictions
• 6.2.7 Abstract and Title
• 6.2.8 Search Report​​​​​​​
• 6.2.10 Annexes

Key Legislation:

Regulations under the PCT:

• Rule 6.2 References to Other Parts of the International Application​​​​​​​

Related Chapters:

• 6.1.7 Claim Interpretation; Broad Claims; PCT Articles 5 and 6
• 6.1.12.3 General Details
• 6.2.4 Unity of Invention
• 6.2.5 Subjects to be Excluded from the Search
• 6.3.8.6 Box V Reasoned Statement Regarding Novelty, Inventive Step & Industrial Applicability
• 6.3.8.7 Box VI Certain Documents Cited
• 6.3.8.8 Box VII Certain Defects
• 6.3.8.9 Box VIII Certain Observations
• 6.2.10 Annex C

A blank Article 15(5) search report form is shown in Annex C. The Search Report and Opinion are completed using RIO. See the RIO Manual page on International Type Searches for further instructions.

Front Sheet

Bibliographic Information

All bibliographic information including National Application No., Country or Office of Filing, Applicant’s or Agent’s file reference, Filing date, Priority Date and, Applicant for international-type search will be automatically entered on the front sheet.

Total number of sheets

Upon completion of the Report, the number of sheets will be automatically calculated and entered on the front page in the relevant place.

Items 1a.

If the search was based on claims, cross the upper box under item 1a and enter claim numbers.

If the search was based on a search statement filed by the applicant, cross the lower box under item 1a and provide the search statement in a Supplemental Box.

Items 1b., 2-4

Cross boxes as applicable.

Box No. I  Nucleotide and/or amino acid sequence

See “Nucleotide and/or amino acid sequence listings” in 6.1.12.3 General Details.

See also RIO Request for Sequence listing on how to prepare a request for Sequence listing if one has not been filed by the applicant.

Box No. II  Claims found unsearchable

See

• Subjects to be excluded from the search. Refer to 6.2.5 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​​​​​​​

Box No. III  Lack of Unity

The international type search report is completed so as to clearly establish the extent of the search actually performed.  Where lack of unity has been found, Box 3 of the first sheet is to be checked and Box III of the report is to be completed, irrespective of whether a letter to the applicant was written advising that the application did not comply with the requirements of unity of invention.  See 6.2.4 Unity of Invention

The search report must indicate the separate inventions present in the national application, whether additional search fees were requested and paid, and which inventions were searched.

Second Sheet of the Search Report

Box A  Classification of Subject Matter

See “ Classification of Subject Matter: IPC Symbols ” in 6.1.12.3 General Details

Box B   Fields Searched

See 6.1.12.4 Fields Searched

If the text does not fit in the “Electronic data base” box, RIO will automatically move the text to a supplemental sheet. All the text will be moved to the supplemental box when the report is generated. See 6.2.10 Annex C.

Box C Documents Considered to be Relevant

See 6.1.12.5 Documents Considered to be Relevant​​​​​​​

Written Opinion

The opinion must include the same level of details with respect to the cited documents as in ISO/IPEO/IPRPII. See 6.3.8.6 Box V Reasoned Statement Regarding Novelty, Inventive Step & Industrial Applicability, and 6.3.8.7 Box VI Certain Documents Cited.

It is to be noted that International Type Search and Opinion Form does not include Box VI (Certain Documents Cited) as found in ISO/IPEO/IPRPII, and therefore any relevant P and E category documents will need be discussed under the headings Novelty and/or Inventive Step, as applicable, under Citations and Explanations.

If the search was based on a search statement provided by the applicant, then the following items should be left blank:

• International-Type Search report: “Relevant to claim No.” under Box “C. DOCUMENTS CONSIDERED TO BE RELEVANT”
• Written Opinion: “STATEMENT” under “Reasoned statement with regard to novelty, inventive step or industrial applicability; …”

Supplemental Box

Search statement

If the search was based on a search statement filed by the applicant, the search statement is to be provided here.

Continuation of Box III

Where lack of unity has been found, provide the details of separate inventions present in the national application.

Other Observations

Any defects in the form or content of the national application will be noted here. For matter that may be required to be noted here see 6.3.8.8 Box VII Certain Defects.

Specific issues of clarity of claims, description and drawings and whether the claims are fully supported by the description will also be noted here, see 6.3.8.9 Box VIII Certain Observations.

Electronic data base consulted during the international-type search (continuation)

If the text does not fit in the “Electronic data base” box, RIO will automatically move all the text here.

Corrected Article 15(5) report 

There may be situations when an examiner needs to send out a subsequent (‘corrected’) Article 15(5) International-type search report. This could be, for example, due to a post-process quality review or the examiner noticing an error in the issued report.

Follow RIO guidance Corrected International-type Search report.