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
• 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​​​​​​​ the Patent Request

Under Rule 40.2(b) any fees payable for additional searches are to be paid directly to the ISA and not through, or to, the RO. Consequently eg. for NZ searches payment is directly to IP Australia. Any contact with, for example, NZ about the payment of additional fees (or any other matter relating to a search) will be via the PCT Unit. [Rule 40.2(b)].

So far as Australia is concerned, while it is in the international phase a PCT application effectively proceeds as both an application for a patent and for a patent of addition. An indication of the form or form(s) of protection in respect of which a PCT application is made is only effective when the indication is given to a designated Office when performing the acts required for national phase entry (although reference to a parent application can be made in 5.3.3.1​​​​​​​ 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].