6.1.2.7 Searching Examiner

Also in this Chapter:

• 6.1.2.1 Overview - International Searching

• 6.1.2.2 Overview - International Search Opinion (ISO)

• 6.1.2.3 General Procedures - International Search and Opinion

• 6.1.2.4 Extent of Search

• 6.1.2.5 Minimum Documentation

• 6.1.2.6 Examination Section Procedures

• 6.1.2.8 Other Considerations

• 6.1.2.9 Copending Applications

Key Legislation:

Regulations under the PCT:

• Rule 42.1 Time Limit for International Search​​​​​​​

Related Chapters:

• 3.2 Customer Service Charter (Timeliness Standards)

• 4 Searching

• 6.1.4.1 Unity of Invention Background

It is not appropriate to specify a rigid sequence for the procedural steps of the search. In general, the searching examiner is responsible for conducting the search in the most efficient manner allowed by the circumstances of each case. If the searching examiner is under supervision, their supervisor is responsible for the efficient conduct of the search. See also Volume 4 Searching.

The searching examiner must consider unity of invention at the earliest possible opportunity to meet the time limits imposed by the PCT (Rule 42.1). Early determination will also assist search strategy consideration. See also 6.1.4.1 Unity of Invention Background.

PCT applications should be given a priority sufficient to enable our obligations under the Customer Service Charter to be met, or, failing that, our obligations under the PCT as an International Search Authority (ISA).

The ‘Date of the actual completion of the international search’ will be either:

• the day on which the searching examiner completes the report

• the day on which the responsible examiner concurs with the search report competed by a searching examiner under supervision.

This should be within 9 weeks of receipt of the search copy by the ISA under normal circumstances, and in all cases, within 3 months of this receipt. See 3.2 Customer Service Charter (Timeliness Standards) for apology time limits.