6.1.4.13 Time for Completing the Search Report

Also in this Chapter:

• 6.1.4.1 Unity of Invention Background

• 6.1.4.2 Determining Lack of Unity

• 6.1.4.3 Combinations of Different Categories of Claims

• 6.1.4.4 Markush Practice

• 6.1.4.5 Intermediate and Final Products in Chemical Applications

• 6.1.4.6 Biotechnological Inventions

• 6.1.4.7 Single General Inventive Concept

• 6.1.4.8 A Priori and A Posteriori Lack of Unity

• 6.1.4.9 Issuing the Invitation to Pay Additional Search Fees

• 6.1.4.10 Unsupported, Unclear, Long and/or Complex Claim Sets with Clear Lack of Unity

• 6.1.4.11 Payment of Additional Search Fees Under Protest

• 6.1.4.12 Completing the Search Report

• 6.1.4.14 Reported Decisions on Unity

• 6.1.4.15 Other Decisions from the EPO

Key Legislation:

Regulations under the PCT:

• Rule 42 Time Limit for International Search

Patent Cooperation Treaty (PCT)

• Article 17 Procedure Before the International Searching Authority

Related Chapters:

• 3.2 Customer Service Charter (Timeliness Standards)

The time limit for establishing the International Search Report or the declaration referred to in Article 17(2)(a), as stated in Rule 42 of the PCT Guidelines, is whichever time limit expires later of either:

• three months from the receipt of the search copy by the International Searching Authority (ISA)

• nine months from the priority date.

However, examiners should generally aim to complete the international search report within 9 weeks where there is one invention. See the Customer Service Charter (Timeliness Standards) for more information, including when to issue apologies, and the requirements for where there is more than one invention.

If an invitation to pay additional search fees is issued, RIO will automatically update the Customer Service Charter Due Date to reflect 12 weeks from receipt of the search copy by the ISA.