PCT International Search and Preliminary Examination Guidelines
PART III EXAMINER CONSIDERATIONS COMMON TO BOTH THE INTERNATIONAL SEARCHING AUTHORITY AND THE INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY
Chapter 9 Exclusions from, and Limitations of, International Search and International Preliminary Examination
9.01 The aim of the International Searching and Preliminary Examining Authorities should be to issue international search reports and international preliminary reports on patentability that are as complete as possible. Nevertheless there are certain situations in which no search report is issued, or in which the search report, written opinion or international preliminary examination report covers only a part of the subject matter that a report would usually cover. This may be either because the international application includes subject matter which the Authority is not required to deal with (see paragraphs 9.02 to 9.18 below), or else because the description, claims or drawings fail to meet a requirement, such as clarity or support of the claims by the description, to such an extent that no meaningful search can be made of all or some of the claims (see paragraphs 9.19 to 9.39 below). The term "meaningful search" in Article 17(2)(a)(ii) should be read to include a search that within reason is complete enough to determine whether the claimed invention complies with the substantive requirements, that is, the novelty, inventive step, and industrial applicability requirements, and/or the sufficiency, support and clarity requirements of Articles 5 and 6. Accordingly, a finding of "no meaningful search" should be limited to exceptional situations in which no search at all is possible for a particular claim, for example, where the description, the claims, or the drawings are totally unclear. To the extent that the description, the claims, or the drawings can be sufficiently understood, even though parts of the application are not in compliance with the prescribed requirements, a search should be performed recognizing that the non-compliance may have to be taken into account for determining the extent of the search. See paragraphs 9.19 to 9.30 for further discussion and examples on this issue.