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

Declaration of Non-Establishment of International Search Report

9.40 Where the subject matter of all claims constitutes a subject excluded from the search (see paragraphs 9.02 to 9.18) or where no meaningful search is possible for all of the claimed subject matter (see paragraphs 9.01 and 9.26 to 9.39), a declaration of non-establishment of the international search report is issued pursuant to Article 17(2)(a) on Form PCT/ISA/203, indicating the reasons. Nonetheless, a written opinion is established, even though, in the absence of a search, it cannot address the questions of novelty and inventive step and may not be able to address other questions, such as that of industrial applicability. The detailed reasoning for not addressing those questions may be indicated in the written opinion by way of a reference to the full explanation in the declaration.