SUPPLEMENTARY
INTERNATIONAL SEARCH
The PCT is an
international treaty with more than 145 Contracting States. The PCT makes it
possible to seek patent protection for an invention simultaneously
in a large number of countries by filing a single “international” patent
application instead of filing several separate national or regional patent
applications. The granting of patents remains under the control of the
national or regional patent Offices in what is called the “national phase”.
The PCT procedure
includes:
· Filing
· International Search
· International Publication
· Supplementary International Search
· International Preliminary Examination
· National Phase
What is the PCT
supplementary international search?
Supplementary
international search permits the applicant to request, in addition to the
international search (the “main international search”), one or more
supplementary international searches each to be carried out by an ISA other
than the ISA which carried out the main international search. The additional
search has the potential of reducing the risk of new patent documents and other
technical literature being discovered in the national phase since, by
requesting supplementary search the applicant can enlarge the linguistic and/or
technical scope of the documentation searched.
What is the
supplementary international search report?
The supplementary
international search report is generally similar in content and appearance to
the main international search report; it contains a listing of references to
patent documents and other technical literature which may affect the
patentability of the invention claimed in the international application.
However, it does not repeat documents which have already been cited in the
international search report, unless this is necessary because of new relevance
when read in conjunction with other documents discovered during the
supplementary international search. On occasion, the supplementary
international search report may contain more detailed explanations than those
in the main international search report. This is due to the fact that, unlike
the main international search, no written opinion is established with the
supplementary international search report, and these additional details are
helpful for a full understanding of the references listed.
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