6.1.2.8 Other Considerations

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

• 6.1.2.7 Searching Examiner

• 6.1.2.9 Copending Applications

Key Legislation:

Regulations under the PCT:

• Rule 40.2(b) Additional Fees

• Rule 49bis Indications as to Protection Sought for Purposes of National Processing​​​​​​​

Related Chapters:

• 5.3.3.1 General requirements for approved forms

• 5.3.3.2 Specific Requirements for the Patent Request

Any fees payable for additional searches are to be paid directly to the International Search Authority and not through, or to, the Receiving Office (Rule 40.2(b)). As an example, for New Zealand searches, payment is directly to IP Australia. Any contact with New Zealand about the payment of additional fees (or any other matter relating to the search) will be via the PCT Unit.

For Australia, while a PCT application is in the international phase, the application effectively proceeds as both an application for a patent and for a patent of addition. The indication of the form or form(s) of protection is only effective when it is indicated to a designated Office when performing the acts required for national phase entry. However, reference to a parent application can be made (see 5.3.3.2 Specific Requirements for the Patent Request).

Our systems do not recognise an application as being for one or another form of protection until entry into the national phase has occurred (Rule 49bis).