PCT International Search and Preliminary Examination Guidelines

PART I INTRODUCTION AND OVERVIEW

Chapter 2 Overview of the International Search Stage

Preliminary Matters

Receipt of Search Copy from Receiving Office

Rule 23.1

2.05 Provided that the international application has been filed in a language accepted by the International Searching Authority, the receiving Office sends the search copy of the application to the International Searching Authority (and the record copy to the International Bureau) as soon as it has allocated an identification number and performed the relevant formalities checks under Articles 11 and 14 and the international search fee has been paid.

Rule 12

2.06 Where the language in which the international application is filed is not accepted by the International Searching Authority that is to carry out the international search, the applicant must furnish to the receiving Office a translation of the international application into a language which is all of the following:

(a) a language accepted by the International Searching Authority, and

(b) a language of publication, and

(c) a language accepted by the receiving Office under Rule 12.1(a), unless the international application is filed in a language of publication.

However, no such translation is required of the request. For any sequence listing part of the description, a translation may be required of only the language-dependent free text. Where the applicant is required to furnish such a translation, the international search will be carried out on the basis of that translation.

Rule 23.1(b)

2.07 Where a translation of the international application is furnished to the receiving Office under Rule 12.3, a copy of that translation and of the request are together considered to be the search copy; that search copy is transmitted by the receiving Office to the International Searching Authority promptly upon receipt from the applicant except where no search fee has been paid. In the latter case, the search copy is transmitted promptly after payment of the search fee.

Acknowledgement and Allocation by the International Searching Authority

Rule 25.1

2.08 The International Searching Authority notifies the applicant that the search copy has been received using Form PCT/ISA/202 and sends a copy of the notification to the International Bureau and, where this is not the same as the International Searching Authority, the receiving Office.

2.09 The international search is then assigned as quickly as possible to a search examiner who is capable of completing the search within the time limit. The preliminary classification must also be determined as quickly as possible.