6.6.4 Search Procedure

Also in this Chapter:

• 6.6.1 Introduction

• 6.6.2 Completion Time and Priority

• 6.6.3 Initial Processing​​​​​​​

• 6.6.5 Search Report

• 6.6.6 Final Processing

• 6.6.7 Annexes

Related Chapters:

• 6.1.8.2 The Three Person Team (3PT)

• Annex C

• Annex D - Search Information Statement

• RIO - COMPASS

• RIO - Processing Bilateral Application Tasks

On this Page

• Introduction

• Workflow

• Examiner process flowchart

Introduction

The objective of the search is to discover the state of the art i.e. within the art specified in the request, those documents which are representative of the various trends of inventions during the period searched. The World Intellectual Property Organisation (WIPO) has suggested that on average 20 documents would show this.

Since these requests have no ‘priority date,’ the examiner must have regard for any document published at the time of doing the search that is available and accessible to them.

An international-type search is required.

Workflow

The PCT unit will create a WIPO application folder for each new application in the International Folder in COMPASS.

WIPO searches generally involve the following steps:

1. The search examiner assembles a 3-person team (see 6.1.8.2 The Three Person Team (3PT)).

2. The 3-person team will indicate an appropriate classification and limitations of the search in relation to period, language or country.

3. If there is insufficient information in the search request to enable the search examiner to undertake a proper search, the examiner is to write to WIPO seeking a more detailed description of the invention.

   • An example of the letter may be found at Annex C.

   • 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.

4. Conduct search using EPOQUE.

5. Search non-patent literature (NPL) as required and order relevant non patent literature from library.

6. Search Australian (AU) documents as required.

7. Download and store all documents relating to a WIPO application in the respective International Folder in COMPASS.

   • Storage of documents is to be in accordance with the guidance provided at RIO Guidance Material - COMPASS.

8. Prepare a Search Information Statement (SIS) as part of the template in Intelledox (see Annex D - Search Information Statement and RIO - Processing Bilateral Application Tasks).

Examiner process flowchart