Functions of the International Searching Authority

Legal analysis: Functions of the International Searching Authority:

1. Check the unity;

2. Check the title and abstract;

3. Search for the claimed invention;

4. Check whether there are obvious errors in the application documents other than the request;

5. Develop a search report or declare not to develop a search report .

Legal basis: "Patent Cooperation Treaty" Article 17 The search procedures of the International Searching Authority shall be in accordance with the provisions of this Treaty, the Regulations and the agreement signed between the International Bureau and the Authority, but the agreement shall not violate this Treaty and regulations.

If the International Searching Authority considers that:

The content involved in the international application does not require the International Searching Authority to search according to the provisions of the Regulations, and the Authority decides not to conduct a search for the specific case, or

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If the description, claims or drawings do not meet the prescribed requirements, so that a meaningful search cannot be carried out, the above-mentioned search authority shall make a corresponding announcement and notify the applicant and the International Bureau that no international search report will be issued .

If any of the conditions described only exist in certain claims, these claims should be stated accordingly in the international search report, and other claims should be made in accordance with the provisions of Article 18 International search report.

If the International Searching Authority considers that the international application does not meet the requirements for unity of invention specified in the Regulations, the Searching Authority shall require the applicant to pay a surcharge. The International Searching Authority shall make an international search report for the invention part mentioned first in the claims of the international application; after paying the required additional fees within the prescribed period, it shall make an international search report for the invention part of the international application for which the fee has been paid. .

The national law of a designated country may provide that if the national Office of that country considers that the request of the International Searching Authority is justified and the applicant has not paid all additional fees payable, the international application The part of the document that has not been searched as a result shall be considered withdrawn as far as its effectiveness in that country is concerned unless the applicant pays a special fee to the national Office of that country.