6.1.10 Non-Patent Literature

Also in this Chapter:

• ​​​​​​​6.1.1 Procedural Outline - PCT International Search

• 6.1.2 Introduction - International Searching​​​​​​​

• 6.1.3 Search Allocation and Preliminary Classification
• 6.1.4 Unity of Invention
• 6.1.5 Abstract and Title
• 6.1.6 Subjects to be Excluded from the Search
• 6.1.7 Claim Interpretation, Broad Claims, PCT Articles 5 and 6​​​​​​​
• 6.1.8 Search Strategy
• 6.1.9 Basis of the Search​​​​​​​​​​​​​​
• 6.1.11 Search Procedure
• 6.1.12 Search Report and Notification Form Completion
• 6.1.13 Reissued, Amended or Corrected ISRs and ISOs
• 6.1.14 Priority Document
• 6.1.15 Foreign Patent Search Aids and Documentation
• 6.1.16 Assistance with Foreign Languages
• 6.1.17 Rule 91 Obvious Mistakes in Documents
• 6.1.18 Nucleotide and/or Amino Acid Sequence Listings
• 6.1.19 Annexes

Key Legislation:

Regulations under the PCT:

• ​​​​​​​Rule 34.1 Definition

PCT Minimum Documentation​​​​​​​​​​​​​​

Related Chapters:

• 4.4.3.3 Non-Patent Literature
• 6.1.8.1 Introduction

On reaching an agreed search strategy (see MPP 6.1.8.1 Introduction) in cooperation with the other members of the search strategy team, the search examiner should conduct any non-patent literature search deemed necessary at the same time as the patent search is conducted. This is in line with expectations on search times.

The non-patent literature (agreed upon by the ISA's and listed in the PCT Minimum Documentation) comprises periodicals specified in the list of periodicals established under PCT Rule 34.1(b)(iii) plus "Chemical Abstracts", where the publication date does not precede the date of the search by more than 5 years.

The NPL databases Pubchem, Medline, XPTK (database of recent traditional knowledge) and INSPEC provided by EPOQUE have documents relating to Chemistry, Biotechnology, traditional knowledge, Physics, Electronics etc. Consideration of the results of the search in these databases may require obtaining the full journal article. The journal article is obtained by an email request to the IP Australia Library.

TKDL (Traditional Knowledge Digital Library, India) database contains information on about 223000 medicinal formulations, some of them dating back many centuries. It can be accessed via URL: http://www.tkdl.res.in/. Please note that TKDL is not available through EPOQUE.

Chemistry searches are conducted using the STN collection of non-patent literature databases. The non-patent literature databases include Chemical Abstracts (CA, CAPLUS), Medline, Biosis and FSTA. Results from the search are retrieved in the form of abstracts from STN. The full journal article on which the abstract is based, is obtained by an email request to the IP Australia Library. Occasionally the Chemical Abstract result will refer to the printed form of the Chemical Abstract and this can also be ordered by an email request to the IP Australia Library.

Examiners should refer to authorised users of STN for assistance in constructing search strategies.

Biotechnology searches are conducted using the GenomeQuest collection of patent and non-patent literature databases. The non-patent literature databases include EMBL and NCBI. Consideration of the results of the search may require obtaining the full journal article. The journal article is obtained by an email request to the IP Australia Library.

Examiners should refer to authorised users of GenomeQuest for assistance in constructing search strategies.

See also 4.4.3.3 Non-Patent Literature for further guidance on NPL searching.