PCT International Search and Preliminary Examination Guidelines

PART I INTRODUCTION AND OVERVIEW

Chapter 1 Introduction

Arrangement and Terminology of These Guidelines

1.05  These Guidelines initially set out the framework, which is to be followed at the international search stage and the international preliminary examination stage and then go on to set out a number of steps and concepts in greater detail. The Guidelines are divided into eight parts. Part I provides a brief overview of the procedures at the international search stage and international preliminary examination stage. Part II provides details of the international application. Part III provides details of considerations that the examiner needs to keep in mind during both the international search stage and the international preliminary examination stage. Part IV provides details on the international search. Part V contains information on the content of written opinions and the international preliminary examination report. Part VI discusses procedures during the international preliminary examination. Part VII provides for a common quality framework. Part VIII discusses clerical and administrative procedures. Some of the chapters in the various parts are relevant to only one stage or the other. However, with a few exceptions which are explained in the text, where examiners in the International Searching Authority and the International Preliminary Examining Authority consider any particular issue, this should be done to the same standards and most chapters are relevant to the work of both stages.

1.06  Unless qualified, references in the Guidelines to “the Treaty” are to the PCT, to “Articles” are to those of the Treaty, to “Rules” to those of the Regulations under the PCT, to “Sections” to those of the Administrative Instructions under the PCT, and to “parts,” “chapters” and “paragraphs” to those of these Guidelines. References to Parts and Annexes of the Administrative Instructions under the PCT bear the prefix “AI”.

1.07  “International Authority” or “Authority”, unless qualified, mean International Searching Authority and/or International Preliminary Examining Authority, as the case requires. The term “examiner”, unless qualified, is used in the Guidelines to refer to the examiner working in the International Preliminary Examining Authority, the International Searching Authority or the Authority specified for supplementary search. “Search” and “examination”, unless qualified, mean international search and international preliminary examination according to the Treaty and Regulations.

1.08  References to a “national” Office or law, include also regional systems where several States have entrusted to an intergovernmental authority the task of granting regional patents.