MPEP § 1844 — MPEP § 1844
Current through: 2022-07-01

1844-The International Search Report 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1800 

 Section 1844 
 

 
 
 
 
 
 1844 The International Search Report [R-07.2015]

 
 PCT Article 18 

 The International Search
 Report 

 
 (1) The international search report shall be established within
 the prescribed time limit and in the prescribed form.
 

 (2) The international search report shall, as soon as it has
 been established, be transmitted by the International Searching Authority to
 the applicant and the International Bureau.
 

 (3) The international search report or the declaration referred
 to in Article 17(2)(a) shall be translated as provided in
 the Regulations. The translations shall be prepared by or under the
 responsibility of the International Bureau.
 

 
 

 The results of the international search are recorded in the
 international search report (Form PCT/ISA/210), which, together with the written opinion
 of the International Searching Authority (Form PCT/ISA/237) is transmitted with Form
 PCT/ISA/220. The search report will be published by the International Bureau and,
 together with the written opinion of the International Searching Authority, will serve
 as a basis for examination of the international application by the designated Offices
 and the International Preliminary Examining Authority.
 

 The search report is only for the purpose of identifying prior art and
 should not contain any expressions of opinion, reasoning, argument or explanation as to
 any cited prior art. Such comments should be included in the written opinion of the
 International Searching Authority.
 

 The printed international search report form (Form PCT/ISA/210) to be
 transmitted to the applicant and to the International Bureau contains two main sheets
 (“first sheet” and “second sheet”) to be used for all searches. These two main sheets
 are intended for recording the important features of the search such as the fields
 searched and for citing documents revealed by the search. The printed international
 search report form also contains five optional continuation sheets for use where
 necessary. They are the: “continuation of first sheet (1),” “continuation of first sheet
 (2),” “continuation of first sheet (3),” “continuation of second sheet” and “patent
 family annex,” respectively. The patent family annex sheet is not currently used by the
 United States International Searching Authority since patent family information is not
 readily available to the examiner. The “continuation of first sheet (1)” is to be used
 only when the international application includes a nucleotide and/or amino acid sequence
 and indicates the basis on which the international search was carried out, since the
 relevant listings may be filed or furnished at different times and in different forms.
 The “continuation of first sheet (2)” is used where an indication is made on the first
 sheet that claims were found unsearchable (item 2) and/or unity of invention is lacking
 (item 3). The relevant indications must then be made on that continuation sheet. The
 “continuation of first sheet (3)” is to contain the text of the abstract where an
 abstract or an amended abstract has been established by the International Searching
 Authority (item 5) and an indication to that effect is made on the first sheet. The
 “continuation of second sheet” is to be used where the space on the second sheet is
 insufficient for the citation of documents. The form also includes an “extra sheet”
 which may be used whenever additional space is required to complete information from the
 other sheets.
 

 It is to be noted that only the “second sheet”, the “continuation of
 second sheet” (if any), the “continuation of first sheet (2)” (if any), and the “extra
 sheet” (if any), as well as any separate sheet with information on members of patent
 families, will be the subject of international publication, as the “first sheet,”
 “continuation of first sheet (1)” (if any), and the “continuation of first sheet (3)”
 (if any) contain only information which will already appear on the front page of the
 publication of the international application ( PCT Rule 48.2(b) ). 
 

 CONTENTS OF THE INTERNATIONAL SEARCH REPORT The international search report ( PCT Rule 43 )
 contains, among other things, the citations of the documents considered to be
 relevant ( PCT Rule
 43.5 and Administrative Instructions Section 503 ), the
 classification of the subject matter of the invention ( PCT Rule 43.3 
 and Administrative Instructions Section 504 ) and an indication of the
 fields searched ( PCT Rule 43.6 ). Citations of particular relevance must be
 specially indicated (Administrative Instructions Section 505 );
 citations of certain special categories of documents are also indicated
 (Administrative Instructions Section 507 ); citations which are not
 relevant to all the claims must be cited in relation to the claim or claims to which
 they are relevant (Administrative Instructions Section 508 ); if only
 certain passages of the cited document are particularly relevant, they must be
 identified, for example, by indicating the page, the column or the lines, where the
 passage appears ( PCT Rule 43.5(e) ).
 

 
 1844.01 Preparing the International Search Report (Form
 PCT/ISA/210) [R-07.2022]
 

 [Editor Note: This section discusses the July 2022
 version of PCT/ISA/210. For international applications having an international
 filing date before July 1, 2022, information regarding form PCT/ISA/210 (revised
 January 2019) may be found in §1844.01 of the 10.2019 revision of the Ninth Edition
 of the MPEP published June 2020 at: www.uspto.gov/web/offices/pac/mpep/old/ mpep_E9R10.htm .] 
 

 The first sheet of the international search report indicates the
 total number of sheets in the report. The correct number is entered, not including
 sheets that have not been filled-in (blank sheets). The number of sheets only
 includes the number of sheets from Form PCT/ISA/210.
 

 I. BASIS OF THE REPORT 
 

 A. Box 1a – Language In most circumstances, the first box under box 1a is checked
 indicating that the search is carried out on the basis of the international
 application in the language in which it was filed. Alternatively, the second
 box under box 1a is checked and an indication of English made when the
 search is on the basis of a translation of the international application
 into English.
 

 B. Box 1b – Rectification of an Obvious Mistake Where the application includes the rectification of an
 obvious mistake authorized by or notified to the International Searching
 Authority under PCT Rule 91 , box 1b of
 the first sheet is checked. The authorization or notification will generally
 be indicated on a Notification of Decision Concerning Request for
 Rectification (Form PCT/RO/109 or PCT/ISA/217) (see MPEP §
 1836 ). 
 

 C. Box 1c And Box No. I – Nucleotide and/or Amino Acid Sequence
 Listings Where the application discloses any nucleotide and/or amino
 acid sequence, box 1c of the first sheet is checked and Box No. I (appearing
 on “continuation of first sheet (1)”) indicates in items 1.a and 1.b whether
 the sequence listing was filed as part of the international application or
 subsequent to the international filing date for the purpose of international
 search and whether it was accompanied by the required statement to the
 effect that the sequence listing does not go beyond the disclosure in the
 international application as filed.
 

 Item 2 indicates the report was established to
 the extent that a meaningful search could be carried out without a WIPO
 Standard ST.26 compliant sequence listing. Item 3 indicates any additional
 comments. 
 

 II. BOX 2 AND BOX NO. II – LIMITATION OF THE SUBJECT OF THE INTERNATIONAL
 SEARCH The report indicates whether any claims are unsearchable for
 any of the reasons indicated below. If any such limitations of the subject of
 the search are applied, the claims in respect of which a search has not been
 carried out are identified and the reasons for this are indicated. The three
 categories where such limitations may arise are: 
 

 
 (A) claims drawn to subject matter not required to be
 searched by the International Searching Authority (see
 MPEP
 § 1843.02 ); 
 

 (B) claims in respect of which a meaningful search cannot
 be carried out (see MPEP § 1843.03 ); and
 
 

 (C) multiple dependent claims which do not comply with
 PCT Rule 6.4(a) (see MPEP §
 1843.03 ). 
 

 
 Where claims are not searched for any of the reasons identified
 in (A)-(C) above, box 2 of the first sheet of the international search report is
 checked. In addition, Box No. II of the international search report (on
 “continuation of first sheet (2)”) is completed, giving the details.
 

 III. BOX 3 AND BOX NO. III – LACK OF UNITY OF THE CLAIMED INVENTION The report indicates whether the search is limited due to a
 lack of unity of invention. If unity is lacking, the claims in respect of which
 a search has not been carried out are identified and the reasons for this are
 indicated. 
 

 Where lack of unity has been found (see MPEP
 § 1850 ), box 3 of the first sheet of the international
 search report is checked. In addition, Box No. III of the international search
 report (on “continuation of first sheet (2)”) is completed, irrespective of
 whether an invitation to pay additional search fees has issued. The search
 report indicates the separate inventions claimed in the application, whether
 additional search fees were requested and paid, and which claims were searched.
 It also indicates whether any additional search fees were accompanied by a
 protest. 
 

 An explanation of the separate inventions is entered in the
 appropriate area in Box No. III (see MPEP § 1850 ). 
 

 If applicant paid all the required additional search fees for
 additional inventions, the examiner should check item 1 under Box No. III
 indicating that the international search report covers all searchable
 claims.
 

 If the examiner did not invite payment of additional search
 fees, item 2 should be checked under Box. No. III and the international search
 report will cover all searchable claims.
 

 If, in response to a lack of unity of invention, applicant paid
 only some of the required additional search fees for additional inventions, the
 examiner should check item 3 under Box No. III and indicate the claims for which
 fees were paid and therefore, covered by the international search.
 

 If, in response to a lack of unity of invention, no required
 additional search fees were timely paid by the applicant, then the international
 search report is restricted to the invention first mentioned in the claims. The
 examiner should check item 4 under Box No. III and indicate the claims limited
 to the first mentioned invention that are covered by the international search
 report.
 

 Regarding the three boxes indicating a Remark on Protest, the
 first box would be checked if the payment of any additional search fees is
 accompanied by a protest. The second box would not be checked since the ISA/US
 does not require a protest fee. The third box would be checked if the payment of
 any additional search fees is not accompanied by a protest. See
 MPEP §
 1850 , subsection X., for a discussion of protest
 procedure. 
 

 IV. TITLE, ABSTRACT, AND FIGURE FOR PUBLICATION The international application must contain an abstract and a
 title. The examiner considers the abstract (together with the title of the
 invention and the figure of the drawings to be published with the abstract) in
 relation to the requirements of the Regulations under the PCT. The examiner
 indicates approval or amendment of the title of the invention, the text of the
 abstract, and the selection of the figure that is to accompany the abstract in
 items 4 to 6 of the first sheet of the international search report.
 

 A. Box 4 - Title 
 PCT Rule 4 

 The Request
 (Contents) 

 *****

 
 4.3 Title of the Invention

 The title of the invention shall be short
 (preferably from two to seven words when in English or translated
 into English) and precise.
 

 *****

 

 

 
 PCT Rule 37 

 Missing or Defective
 Title 

 
 37.1 Lack of Title

 If the international application does not contain a
 title and the receiving Office has notified the International
 Searching Authority that it has invited the applicant to correct
 such defect, the International Searching Authority shall proceed
 with the international search unless and until it receives
 notification that the said application is considered withdrawn.
 

 

 
 37.2 Establishment of Title

 If the international application does not contain a
 title and the International Searching Authority has not received a
 notification from the receiving Office to the effect that the
 applicant has been invited to furnish a title, or if the said
 Authority finds that the title does not comply with
 Rule 4.3 , it
 shall itself establish a title. Such title shall be established in
 the language in which the international application is to be
 published or, if a translation into another language was transmitted
 under Rule 23.1(b) 
 and the International Searching Authority so wishes, in the language
 of that translation.
 

 

 

 The title must be short and precise (preferably from two to
 seven words in English or when translated into English). Furthermore, the
 title should clearly and concisely state the technical designation of the
 invention. In this regard the following should be taken into account:
 

 
 (A) personal names or trade names or similar terms of
 non-technical nature which do not serve to identify the invention
 should not be used;
 

 (B) the abbreviation “etc.,” being vague, should not be
 used and should be replaced by an indication of what it is intended
 to cover;
 

 (C) titles such as “Method,” “Apparatus,” “Chemical
 Compounds” alone or similar vague titles do not clearly state the
 technical designation of the invention and should not be used.
 

 
 In general, the examiner is required to draft a new title
 if the applicant failed to provide a title or if the title is deficient
 because it does not comply with the requirements of PCT Rule
 4.3 . The examiner is not required to gain the
 applicant’s approval of the new title established by the examiner.
 

 On the first sheet of the international search report, the
 examiner indicates the title text is approved (the first box under Box 4) or
 has been established (the second box under Box 4).
 

 B. Box 5 and Box 6 - Abstract and Figure for Publication
 
 PCT Rule 8 

 The Abstract 

 
 8.1 Contents and Form of the
 Abstract
 

 
 (a) The abstract shall consist of the
 following:
 
 (i) a summary of the disclosure as
 contained in the description, the claims, and any
 drawings; the summary shall indicate the technical
 field to which the invention pertains and shall be
 drafted in a way which allows the clear
 understanding of the technical problem, the gist of
 the solution of that problem through the invention,
 and the principal use or uses of the invention;
 

 (ii) where applicable, the chemical
 formula which, among all the formulae contained in
 the international application, best characterizes
 the invention.
 

 
 

 (b) The abstract shall be as concise as the
 disclosure permits (preferably 50 to 150 words if it is in
 English or when translated into English).
 

 (c) The abstract shall not contain statements on
 the alleged merits or value of the claimed invention or on
 its speculative application.
 

 (d) Each main technical feature mentioned in the
 abstract and illustrated by a drawing in the international
 application shall be followed by a reference sign, placed
 between parentheses.
 

 
 

 

 
 8.2 Figure

 
 (a) If the applicant fails to make the
 indication referred to in Rule
 3.3(a)(iii) , or if the International
 Searching Authority finds that a figure or figures other
 than that figure or those figures suggested by the applicant
 would, among all the figures of all the drawings, better
 characterize the invention, it shall, subject to paragraph
 (b), indicate the figure or figures which should accompany
 the abstract when the latter is published by the
 International Bureau. In such case, the abstract shall be
 accompanied by the figure or figures so indicated by the
 International Searching Authority. Otherwise, the abstract
 shall, subject to paragraph (b), be accompanied by the
 figure or figures suggested by the applicant.
 

 (b) If the International Searching Authority
 finds that none of the figures of the drawings is useful for
 the understanding of the abstract, it shall notify the
 International Bureau accordingly. In such case, the
 abstract, when published by the International Bureau, shall
 not be accompanied by any figure of the drawings even where
 the applicant has made a suggestion under Rule
 3.3(a)(iii) . 
 

 
 *****

 

 

 
 PCT Rule 38 

 Missing or Defective
 Abstract 

 
 38.1 Lack of Abstract

 If the international application does not contain an
 abstract and the receiving Office has notified the International
 Searching Authority that it has invited the applicant to correct
 such defect, the International Searching Authority shall proceed
 with the international search unless and until it receives
 notification that the said application is considered withdrawn.
 

 

 
 38.2 Establishment of Abstract

 If the international application does not contain
 an abstract and the International Searching Authority has not
 received a notification from the receiving Office to the effect that
 the applicant has been invited to furnish an abstract, or if the
 said Authority finds that the abstract does not comply with
 Rule 8 , it
 shall itself establish an abstract. Such abstract shall be
 established in the language in which the international application
 is to be published or, if a translation into another language was
 transmitted under Rule 23.1(b) 
 and the International Searching Authority so wishes, in the language
 of that translation.
 

 

 
 38.3 Modification of Abstract

 
 The applicant may, until the expiration of
 one month from the date of mailing of the international
 search report, submit to the International Searching
 Authority:
 
 (i) proposed modifications of the
 abstract; or
 

 (ii) where the abstract has been
 established by the Authority, proposed modifications
 of, or comments on, that abstract, or both
 modifications and comments;
 

 
 
 

 

 and the Authority shall decide whether to
 modify the abstract accordingly. Where the Authority
 modifies the abstract, it shall notify the modification to
 the International Bureau. 
 

 

 
 

 

 In general, the examiner will have to establish a new
 abstract if the applicant did not provide an abstract or if the abstract
 does not comply with PCT Rule 8 . In
 determining the definitive contents of the abstract, or establishing the
 text of the abstract anew where it is missing, the examiner should take into
 consideration the fact that the abstract is merely for use as technical
 information and, in particular, must not be used for the purpose of
 interpreting the scope of the protection sought. The abstract constitutes an
 efficient instrument for the purpose of assisting the scientist, engineer,
 or researcher in searching in the particular technical field and should in
 particular make it possible to assess whether there is need for consulting
 the international application itself. WIPO guidelines for the preparation of
 abstracts are found in WIPO Standard ST.12/A, which is available from WIPO’s
 website ( www.wipo.int/standards/ en/part_03_standards.html ). 
 

 In considering the adequacy of the applicant’s abstract and
 figure, because of practical difficulties experienced by the International
 Bureau with publication, examiners should have particular regard to the
 following:
 

 
 (A) It is important that the abstract be as concise as
 the disclosure permits (preferably 50 to 150 words if it is in
 English or when translated into English). Within this constraint the
 abstract must provide a summary of the technical information about
 the disclosure as contained in the description, claims, and
 drawings. It should be drafted so as to serve as an efficient
 scanning tool for searching purposes in the art.
 

 (B) Phrases should not be used which can be implied,
 such as “This disclosure concerns,” “The invention defined by this
 disclosure,” and “This invention relates to.”
 

 (C) Only one figure should normally be selected unless
 this would lead to inadequate disclosure. The inclusion of more than
 two figures should not be considered except in extreme circumstances
 where necessary information cannot be otherwise conveyed. Where none
 of the figures is considered useful for the understanding of the
 invention (even where the applicant has suggested a figure), no
 figure should be selected.
 

 (D) Abstracts may be incomprehensible if the numerals of
 the selected figure(s) do not correspond with those in the abstract.
 Thus, this should be avoided.
 

 (E) An absence of reference numbers on the figures must
 be accepted as the examiner has no mechanism to initiate their
 addition.
 

 (F) Each main technical feature mentioned in the
 abstract and illustrated by a drawing should be followed by a
 reference sign, placed between parentheses.
 

 
 In box 5 of the first sheet of the international search
 report, the examiner indicates approval of the text of the abstract by
 checking the first box. When the text of the abstract is missing or
 defective the second box is checked and the new abstract is established by
 entering the text of the new abstract. The defect or reason for establishing
 the new abstract should be indicated, e.g., too long or missing. 
 

 The applicant may submit modifications of the abstract
 until the expiration of one month from the date of mailing of the search
 report. If the examiner establishes a new abstract, the applicant may
 propose modifications of, and/or comment on, the new abstract after it has
 been established in the international search report. The applicant is
 allowed one month from the date of mailing of the international search
 report to respond to the examiner’s abstract in the report. If the applicant
 does comment, the examiner takes the applicant’s comments into
 consideration. It is not necessary for the examiner to reply to the
 applicant’s comments even if adverse. If the examiner decides to amend the
 abstract established in the international search report based on the
 proposed modifications and/or comment, the International Bureau and the
 applicant are notified using Form PCT/ISA/205. See PCT Rule
 38.3 and Administrative Instructions Section
 515 .
 

 When indicating the figure to be published, the applicant’s
 suggestion is found in Box No. IX of the request (Form PCT/RO/101). Where
 none of the figures is considered useful for the understanding of the
 abstract, this is indicated at the appropriate box (box 6b of the first
 sheet of Form PCT/ISA/210). When no drawings accompany the application, none
 of the boxes are checked. Otherwise, box 6a is checked and the reason for
 selecting the figure to be published is indicated, i.e., as suggested by the
 applicant, as selected by the examiner because either the applicant failed
 to suggest a figure in Box No. IX of Form PCT/RO/101 or the figure better
 characterizes the invention. It is not recommended to select more than one
 figure; however, if it is necessary to do so then the wording of the form
 should be changed to reflect the change from single case to plural case. For
 example, “figure” is changed to “figures”, “is” to “are” and “ No.” to
 “Nos.”. 
 

 V. BOX A - CLASSIFICATION OF SUBJECT MATTER The International Searching Authority assigns obligatory
 International Patent Classification (IPC) symbols in accordance with the rules
 as set forth in the Guide to the IPC and in the IPC itself (using the edition of
 the IPC in force at the time), whereby the technical subject of the invention of
 the application is identified. The International Searching Authority then
 records the International Patent Classification and the Cooperative Patent
 Classification (CPC) as required by the ISA/US in Box A of the second sheet of
 the international search report. The IPC Guide can be accessed via the Patent
 Examiner’s Toolkit under Classification Tools or via WIPO’s website
 ( www.wipo.int/classifications/ipc/en/ ).
 

 VI. BOX B - RECORDING THE SEARCH The examiner records the search history in Box B of the second
 sheet of the international search report. In recording the search history of the
 international search, the examiner lists the classification identification of
 the fields searched. Examiners are also encouraged to record the search history
 in sufficient detail to allow examiners of national stage applications to fully
 interpret and rely upon the international search. This includes recording the
 details of any patent and non-patent literature searches as well as searches
 conducted on the Internet.
 

 Where the international search report is entirely or partly
 based on a previous search made for an application relating to a similar
 subject, the previous application number and the relevant search history
 consulted for this previous search is, where appropriate, identified as having
 been consulted for the international application in question, except in those
 instances where the details of an earlier search cannot be ascertained, or
 whenever it is impractical to record the full details of the earlier search. In
 the later case, a summary of the earlier search should be included. Where the
 previous application has been published, this information is recorded in the
 international search report.
 

 The USPTO in its capacity as the International
 Searching Authority makes a separate detailed search history of record in the
 applications. These search histories are mailed to applicants with the
 international search report.
 

 VII. BOX C - DOCUMENTS CONSIDERED TO BE RELEVANT The completion of Box C of the second sheet of the international
 search report can be considered as having three components. These are: (A) the
 citation category; (B) the citation of the document together with identification
 of the relevant passages where appropriate; and (C) the identification of
 relevant claim numbers. The citation of multiple documents showing the same
 inventive elements should be kept to a minimum. Further, when citing a document,
 the examiner should clearly indicate which portions of the document are most
 relevant.
 

 A. Citation Category Documents which are cited are given a category indication
 by way of an alphabetic character, details of which are given in PCT
 Administrative Instructions Sections 505 and
 507 and below. The categories for citations are also
 explained under the “documents considered to be relevant” section of the
 report. A category should always be indicated for each document cited. Where
 needed, combinations of different categories are possible.
 

 1. Particularly Relevant Documents Where a document cited in the international search
 report is particularly relevant, it is indicated by the letters “X” or
 “Y”. Category “X” is applicable where a document is such that when taken
 alone, a claimed invention cannot be considered novel or where a
 document is such that when considered in light of common general
 knowledge, a claimed invention cannot be considered to involve an
 inventive step. Category “Y” is applicable where a document is such that
 a claimed invention cannot be considered to involve an inventive step
 when the document is combined with one or more other documents of the
 same category, such combination being obvious to a person skilled in the
 art.
 

 2. Documents Defining the State of the Art and Not Prejudicing
 Novelty or Inventive Step Where a document cited in the international search
 report represents state of the art and is not prejudicial to the novelty
 or inventive step of the claimed invention, it is indicated by the
 letter “A”.
 

 3. Documents Which Refer to a Non-Written Disclosure Where a document cited in the international search
 report refers to a non-written disclosure referred to in
 PCT Rule 33.1(b) , the letter “O” is entered.
 Examples of such disclosures include conference proceedings. The
 document category “O” is always accompanied by a symbol indicating the
 relevance of the document, for example: “O,X”, “O,Y”, or “O,A”. 
 

 4. Intermediate Documents Documents published on dates falling between the date
 of filing of the application being searched and the date of priority
 claimed, or the earliest priority if there is more than one (see
 PCT Article 2(xi)(b) ), are denoted by the letter
 “P”. The letter “P” is also given to a document published on the very
 day of the earliest date of priority of the patent application under
 consideration. The document category “P” is always accompanied by a
 symbol indicating the relevance of the document, for example: “P,X”,
 “P,Y”, or “P,A”. 
 

 5. Documents Relating to the Theory or Principle Underlying the
 Invention Where any document cited in the search report is a
 document that may be useful for a better understanding of the principle
 or theory underlying the invention, or is cited to show that the
 reasoning or the facts underlying the invention are incorrect, it is
 indicated by the letter “T”.
 

 6. Potentially Conflicting Patent Documents Any patent document bearing a filing or priority date
 earlier than the filing date of the application searched (not the
 priority date) but published on or later than that date and the content
 of which would constitute prior art relevant to novelty
 ( PCT Article 33(2) ) is indicated by the letter
 “E” (see PCT Administrative Instructions Section 507(b) and PCT Rule 33.1(c) ).
 
 

 7. Documents Cited in the Application When the search report cites documents already mentioned
 in the description of the patent application for which the search is
 carried out, such documents are denoted by the letter “D”. The document
 category “D” is always accompanied by a symbol indicating the relevance
 of the document, for example: “D,X”, “D,Y”, or “D,A”.
 

 8. Documents Cited for Other Reasons Where in the search report any document is cited for
 reasons other than those referred to in the foregoing paragraphs (in
 particular as evidence), for example:
 

 
 (A) a document which may throw doubt on a priority
 claim (Article 4(C)(4) of the Paris Convention), or
 

 (B) a document cited to establish the publication
 date of another citation,
 

 
 the document is indicated by the letter “L”. Brief
 reasons for citing the document should be given. Documents of this type
 need not be indicated as relevant to any particular claims. However,
 where the evidence that they provide relates only to certain claims (for
 example the “L” document cited in the search report may invalidate the
 priority in respect of certain claims and not others), then the citation
 of the document should refer to those claims.
 

 B. Citation of the Documents Identification of any document should be made according to
 WIPO Standard ST.14 (see PCT Administrative Instructions Section
 503 ). For “A” citations it is not necessary to
 indicate the relevant claims unless there is good reason to do so; for
 example where there is a clear lack of unity a priori 
 (see MPEP §
 1850 ) and the citation is relevant only to a
 particular claim or group of claims or when the claims meet the criteria of
 novelty, inventive step, and industrial applicability under
 PCT
 Article 33(2) to (4) and the “A” category citations
 represent the most relevant prior art. The box on the second sheet of Form
 PCT/ISA/210 entitled “Further documents listed are in the continuation of
 Box C” is checked if a continuation sheet is used to list additional
 documents that will not fit in the space provided in Box C.
 

 C. Relationship Between Documents and Claims Each citation should include a reference to the claims to
 which it relates (see PCT Administrative Instructions Section
 508 ). If necessary, various relevant parts of the
 document cited should each be related to the claims in like manner (with the
 exception of “L” documents and “A” documents). It is also possible for the
 same document to represent a different category with respect to different
 claims. For example: 
 

 WO1990/001867 A (WIDEGREN LARS (SE)) 8 March 1990
 (08-03-1990), figures 1 and 2
 

 X 1

 Y 2-5

 A 6-10

 The above example means that Figures 1 and 2 of the cited
 document disclose subject matter which prejudices the novelty or inventive
 step of claim 1, which prejudices the inventive step of claims 2-5 when
 combined with another document cited in the search report, and which
 represents non-prejudicial state of the art for the subject matter of claims
 6-10.
 

 VIII. FINALIZATION OF THE SEARCH REPORT The identification of the International Searching Authority
 which established the international search report and the date of actual
 completion, i.e., the date on which the report was drawn up are indicated at the
 bottom of the second sheet of the international search report. The international
 search report will be accompanied by a transmittal letter (Form PCT/ISA/220)
 indicating the date the search report was mailed to the applicant. See
 MPEP §
 1845.02 .
 

 Pursuant to PCT Rule 43.8 , the
 international search report must indicate the name of the officer of the
 International Searching Authority responsible for the report, i.e., the
 “authorized officer.” An “authorized officer” is the person who actually
 performed the search work and prepared the search report, or another person who
 was responsible for supervising the search. See PCT Administrative Instructions
 Section 514 . Thus, an examiner need not have signatory authority
 in order to be named as an authorized officer on the search report. However, the
 “file copy” of the search report must be signed by an examiner having at least
 partial signatory authority.
 

 The international search report should be mailed within 3 months
 of receipt of the search copy or within 9 months from the priority date,
 whichever is later.
 

 

 

 

 

 

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 1801-Basic Patent Cooperation Treaty (PCT) Principles 

 1802-PCT Definitions 

 1803-Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America 

 1804-[Reserved] 

 1805-Where To File an International Application 

 1806-Applicants and Inventors 

 1807-Agent or Common Representative and General Power of Attorney 

 1808-Change in or Revocation of the Appointment of an Agent or a Common Representative 

 1809-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[Reserved] 

 1817-PCT Member States 

 1818-[Reserved] 

 1819-Earlier Search 

 1820-Signature of Applicant 

 1821-The Request 

 1822-[Reserved] 

 1823-The Description 
 1823.01-Reference to Deposited Biological Material 

 1823.02-Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications 

 
 

 1824-The Claims 

 1825-The Drawings 

 1826-The Abstract 

 1827-Fees 
 1827.01-Refund of International Application Fees 

 
 

 1828-Priority Claim and Document 
 1828.01-Restoration of the Right of Priority 

 1828.02-Continuation or Continuation-in-Part Indication in the Request 

 
 

 1829-[Reserved] 

 1830-International Application Transmittal Letter 

 1831-[Reserved] 

 1832-License Request for Foreign Filing Under the PCT 

 1833-[Reserved] 

 1834-Correspondence 
 1834.01-Filing of Correspondence by Facsimile 

 1834.02-Irregularities in the Mail or Electronic Communications Service 

 
 

 1835-[Reserved] 

 1836-Rectification of Obvious Mistakes 

 1837 - 1839-[Reserved] 

 1840-The International Searching Authority 
 1840.01-The European Patent Office as an International Searching Authority 

 1840.02-The Korean Intellectual Property Office as an International Searching Authority 

 1840.03-The Australian Patent Office (IP Australia) as an International Searching Authority 

 1840.04-[Reserved] 

 1840.05-The Israel Patent Office (ILPO) as an International Searching Authority 

 1840.06-The Japan Patent Office (JPO) as an International Searching Authority 

 1840.07-The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority 

 
 

 1841-[Reserved] 

 1842-Basic Flow Under the PCT 

 1843-The International Search 
 1843.01-Prior Art for Chapter I Processing 

 1843.02-Certain Subject Matter Need Not Be Searched 

 1843.03-No Search Required if Claims Are Unclear 

 1843.04-Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear 

 1843.05-Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority 

 
 

 1844-The International Search Report 
 1844.01-Preparing the International Search Report (Form PCT/ISA/210) 

 
 

 1845-Written Opinion of the International Searching Authority 
 1845.01-Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) 

 1845.02-Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority,
 or the Declaration (Form PCT/ISA/220) 

 
 

 1846 - 1847-[Reserved] 

 1848-Sequence Listings 

 1849-[Reserved] 

 1850-Unity of Invention Before the International Searching Authority 

 1851-Identification of Patent Documents 

 1852-Taking Into Account Results of Earlier Search(es) 

 1853-Amendment Under PCT Article 19 

 1854 - 1855-[Reserved] 

 1856-Supplementary International Searches 

 1857-International Publication 

 1858-[Reserved] 

 1859-Withdrawal of International Application, Designations, or Priority Claims 

 1860-International Preliminary Examination Procedure 

 1861-[Reserved] 

 1862-Agreement With the International Bureau To Serve as an International Preliminary Examining Authority 

 1863-[Reserved] 

 1864-The Demand and Preparation for Filing of Demand 
 1864.01-Amendments Filed Under PCT Article 34 

 1864.02-Applicant’s Right To File a Demand 

 1864.03-States Which May Be Elected 

 1864.04-Agent’s Right To Act 

 
 

 1865-Filing of Demand 

 1866-[Reserved] 

 1867-Preliminary Examination Fees 

 1868-Correction of Defects in the Demand 

 1869-Notification to International Bureau of Demand 

 1870-Priority Document and Translation Thereof 

 1871-Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination 

 1872-Availability of the International Application File for International Preliminary Examination by the Examining Corps 

 1873-[Reserved] 

 1874-Determination if International Preliminary Examination Is Required and Possible 

 1875-Unity of Invention Before the International Preliminary Examining Authority 
 1875.01-Preparation of Invitation Concerning Unity 

 1875.02-Reply to Invitation Concerning Lack of Unity of Invention 

 
 

 1876-Notation of Errors and Informalities by the Examiner 
 1876.01-Request for Rectification and Notification of Action Thereon 

 
 

 1877-Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination 

 1878-Preparation of the Written Opinion of the International Preliminary Examining Authority 
 1878.01-Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written
 Opinion and the International Preliminary Examination Report 
 1878.01(a)-Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report 
 1878.01(a)(1)-Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(2)-Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(3)-Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report 

 
 

 
 

 1878.02-Reply to the Written Opinion of the ISA or IPEA 

 
 

 1879-Preparation of the International Preliminary Examination Report 
 1879.01-Time Limit for Preparing Report 

 1879.02-Transmittal of the International Preliminary Examination Report and Related Documents 

 1879.03-Translations 

 1879.04-Confidential Nature of the Report 

 
 

 1880-Withdrawal of Demand or Election 

 1881-Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office 

 1882 - 1892-[Reserved] 

 1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 1893.01-Commencement and Entry 
 1893.01(a)-Entry via the U.S. Designated or Elected Office 
 1893.01(a)(1)-Submissions Required by 30 Months from the Priority Date 

 1893.01(a)(2)-Article 19 Amendment (Filed With the International Bureau) 

 1893.01(a)(3)-Article 34 Amendments (Filed with the International Preliminary Examining Authority) 

 1893.01(a)(4)-Claim Amendment (Filed With the U.S. Designated or Elected Office) 

 
 

 1893.01(b)-Applicant for a U.S. National Stage Application 

 1893.01(c)-Fees 

 1893.01(d)-Translation 

 1893.01(e)-Inventor’s Oath or Declaration 

 
 

 1893.02-Abandonment 

 1893.03-Prosecution of U.S. National Stage Applications Before the Examiner 
 1893.03(a)-How To Identify That an Application Is a U.S. National Stage Application 

 1893.03(b)-The Filing Date of a U.S. National Stage Application 

 1893.03(c)-The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 

 1893.03(d)-Unity of Invention 

 1893.03(e)-Documents Received from the International Bureau and Placed in a U.S. National Stage Application File 
 1893.03(e)(1)-Title of the Invention 

 
 

 1893.03(f)-Drawings and PCT Rule 11 

 1893.03(g)-Information Disclosure Statement in a National Stage Application 

 
 

 
 

 1894-[Reserved] 

 1895-A Continuation, Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States 
 1895.01-Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications 

 
 

 1896-The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under
 35 U.S.C. 371 

 

 

 
 

 
 
 

 
 

 

 
 
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