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6.5.4 Search Procedure

Date Published

The search examiner will:

  • classify the invention
    • indicate a proposed search which will be a standard international search. The agreement between IP Australia and the Department of Intellectual Property of Thailand stipulates that “IP Australia will discover as much of the relevant prior art as our facilities permit and will, in any case, consult the documents specified in the PCT minimum documentation in accordance with Rule 34 of the Regulations under the PCT”.
  • conduct an international-type search, using the procedures set out in 6.2.1 Procedural Outline - International Type Search, but modified as follows:
    • The Thai application is treated as though a provisional in that the examiner will determine the classification.
    • The application has to meet the PCT unity of invention requirements. If the application does not meet these requirements, IP Australia shall establish the search report on those parts of the application, which relate to the invention first mentioned in the claims (“main invention”). If there is a lack of unity then the main invention will be searched and reported on (give an indication at checkbox 2 of the first sheet and full explanation in Box II continued on the extra sheet if necessary, modelled on Annex E - Completed Invitation to Pay Additional Fees. There is no requirement that either the Thai office or the applicant be advised of lack of unity other than in the search report, and in particular no invitation to pay additional fees will be issued.
    • where a meaningful search cannot be made (e.g. multiple inventions, obscure claims) the search examiner in consultation with a senior examiner should write to the Thai Office explaining precisely the nature of the problem and requesting a proposed course of action to it e.g. to more clearly define the invention or to limit the scope of the claim. The letter should be forwarded to the PCT Unit (together with the case file) for despatch. This may result in a justifiable delay to the search completion date.
  • Download and store all citations relating to the Thai 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 Intelledox template.  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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