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6.4.4 Search Procedure

Date Published

The search examiner will:

  • classify the invention
  • prepare a written search statement defining the scope of the invention to be searched. If plurality of invention exists then the search statement must encompass all the inventions disclosed as each invention is to be searched.

Note: The need to prepare a written search statement is essential since Fijian applications do not require claims. Also, since it is not possible to communicate with the applicant, the examiner must attempt to define the invention by the search statement. Where claims are present these can be used as a basis for the search statement.

Where a meaningful search cannot be made, then an advisory opinion is prepared on that basis.  However, a search is done where practicable.

In performing the search, the documents which are relevant are those which destroy the novelty of the invention as defined in the search statement. A search for obviousness is not required.

The priority date of the Fijian application is taken as the date of the petition. The petition should be on the documents accompanying the Fijian application.

The Examiner will download and store all citations relating to the Fijian application in the respective International application folder in COMPASS.

Recording Search Details

All details of the search must be recorded on the Search Information Statement (SIS), which is generated by the template in Intelledox.  This includes details of all patent and non-patent literature searches, as well as searches conducted on the internet. The names of the members of the three person team should also be recorded.  See Annex F for information on when a SIS must be completed. Further information on the SIS and instructions for its use are provided at 4.6 Recording the Search Details and Annex D - Search Information Statement (Instructions for completing the SIS).

Amended Reasons

Amended Reason Date Amended

Published for testing

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