CHAPTER 8:  SUPPLEMENTARY INTERNATIONAL SEARCH

GENERAL

Rule 45bis

8.001.   What is supplementary international search?  Supplementary international search permits the applicant to request, in addition to the international search carried out under Article 15(1) (the “main international search”, as explained in Chapter 7), one or more supplementary international searches each to be carried out by an International Authority (the “Authority specified for supplementary search”) other than the International Searching Authority that carries out the main international search.

8.002.   What are the benefits of supplementary international search for the applicant?  Requesting supplementary international search reduces the risk of new prior art being cited in the national phase. The increasing diversity of prior art in different languages and different technical fields means that the Authority carrying out the main international search is not always capable of discovering all of the relevant prior art.  Requesting one or more supplementary international searches, during this early phase of the patent prosecution, expands both the linguistic and technical scope of the search.  In addition, it may also be possible to have the supplementary search carried out in a State where they are likely to enter the national phase later on.

Rule 45bis.1(e) 45bis.9(b)

8.003.   Which authorities can be requested to carry out a supplementary international search?  Only an International Searching Authority that has stated its preparedness to carry out supplementary international searches (see Annex SISA) and which is not the International Searching Authority that carried out the main international search, can be requested to carry out a supplementary international search.

Rule 45bis.9(a) and (c)

8.004.   Does each Authority offer the same supplementary international search service?  The Authorities prepared to offer supplementary international searches may specify any limitations and conditions on this service in their agreement with the International Bureau (see www.wipo.int/pct/en/access/isa_ipea_agreements.html).  These limitations may include limitations as to the subject matter for which supplementary searches will be carried out, beyond those limitations that can be evoked in respect of the main international search (see paragraphs 7.013 and 7.014), and limitations as to the total number of supplementary international searches which will be carried out in a given period (see Annex SISA).

Rule 45bis.1(a) 45bis.1(e)(i)

8.005.   When should the request for a supplementary search be filed?  In many cases, requests for supplementary search will be filed once the applicant has received the main international search report.  In any event, the applicant must file a request for a supplementary international search prior to the expiration of 19 months from the priority date.  If the request is received after the expiration of this time limit, it will be considered not to have been submitted and there are no provisions to extend this time limit.


SUPPLEMENTARY SEARCH REQUEST

Rule 45bis.1(b)
Section 102(f)
and (g)

8.006.   Is there a form to request supplementary search?  To facilitate preparation of the supplementary search request, the International Bureau has made available Form PCT/IB/375 “Supplementary Search Request” in PDF editable format on WIPO’s website (instructions on how to complete and save the editable form are also available at:   www.wipo.int/pct/en/forms/instructions.htm).  This form should be completed in accordance with indications in the Notes attached to the form.  While use of this form is optional, it is highly recommended.

Rule 45bis.1(a)

8.007.   If the applicant wishes more than one supplementary international search to be carried out, a separate request, preferably using Form PCT/IB/375, should be submitted for each supplementary international search requested.

Rule 45bis.1(b) 45bis.4(e)

8.008.   Where and how should a supplementary search request be filed?  A supplementary search request must be filed with the International Bureau and not with the Authority specified for supplementary search.  The International Bureau will transmit the request to the Authority specified for supplementary search once it has verified that all formal requirements have been complied with.

Rule 92.2(d)
Section 104

8.009.   In which language should the supplementary search request be filed?  The supplementary search request should be filed in either English or French.

Rule 92.2(d)
Section 104

8.010.   What is the language of correspondence with the International Bureau in connection with supplementary international search?  Any correspondence between the applicant and the International Bureau should be in English or French, at the choice of the applicant, provided that it should be in the same language as the international application – if the latter was filed in English or French.

Rule 45bis.1(b)(ii)

8.011.   How should the Authority specified for supplementary search be identified?  The Authority specified for supplementary search should be identified, by an indication of the name or two-letter code of the Authority at the top of the first sheet of the supplementary search request form.

Rule 13ter.1
45bis.1(c)

8.012.  Which documents, other than the supplementary search request must be submitted?  Where neither the language in which the international application was filed, nor the language in which a translation (if any) has been furnished for the purposes of main international search or international publication, is accepted by the Authority specified for supplementary search, a translation of the international application into a language which is accepted by that Authority must be submitted together with the request.  Where the international application contains disclosure of one or more nucleotide and/or amino acid sequences, the applicant, if so required, should preferably furnish a copy of the sequence listing in electronic form (complying with the standard provided for in Annex C of the Administrative Instructions) to the International Bureau together with the supplementary search request.


Box No. I:  Identification of the International Application

Rule 45bis.1(b)(i)
Section 109
110

8.013.   How should the international application be identified?  The applicant should clearly identify the international application by its international application number, international filing date (for the date format, see paragraph 5.061) and title, as provided for in Box No. I. If a new title has been established by the International Searching Authority, that title should be indicated.

8.014.   Where the international application claims the priority of several earlier applications, the filing date of the earliest application, whose priority is claimed, should be indicated as the priority date. A file reference not exceeding 12 characters may also be indicated, if desired by the applicant.


Box No. II:  Applicant

Rule 45bis.1(b)(i)

8.015.  How should the applicant be identified?  The applicant should be identified by the indication of his name and address in Box No. II. The requirements for the indication of the name and address of the applicant are the same as those for the request form (PCT/RO/101) (see paragraphs 5.025 to 5.034).

8.016.   Where there are two or more applicants, only one needs to be indicated for the purposes of requesting supplementary search. It is recommended that the applicant who will represent all the applicants, and to whom notifications are to be sent, be indicated. If an agent or a common representative is indicated in Box No. III of the request, notices will be sent to that agent or common representative (see also paragraphs 11.015 to 11.017).

Rule 4.4(c)

8.017.   How can the applicant receive notifications via e-mail?  If the applicant has authorized either the sending of advance copies of notifications by e-mail or the sending of notifications exclusively by e-mail, by marking the corresponding check-box in Box No. II of the supplementary search request form, the International Bureau and the Authority specified for supplementary search may, if they wish to do so, send such notifications to the applicant, thus avoiding processing or postal delays. Where the agent or common representative has also provided e-mail authorization, the International Bureau and the Authority specified for supplementary search will send e-mail communications only to the appointed agent or common representative (see paragraph 8.018).  Note that not all Authorities will send such notifications by e-mail (see Annex B). If an e-mail notification is followed by the official notification on paper, only the paper copy of the notification is considered to be the legal copy of the notification and only the date of mailing of the paper copy will commence any time limit within the meaning of Rule 80. Where the applicant requests the sending of notifications exclusively by e-mail, the date of mailing indicated on the electronic copy will commence any time limit within the meaning of Rule 80.  It is the applicant’s responsibility to keep any e-mail address details up-to-date and to ensure that incoming e-mails are not blocked, for any reason, on the recipient’s side. Changes to the e-mail address indicated should be requested to be recorded, preferably directly at the International Bureau, under Rule 92bis.


Box No. III:  Agent or Common Representative

Rule 45bis.1(b)(i) 90.1
90.2
90.4
90.5

8.018.   How is an agent appointed for the purposes of the procedure before the Authority specified for supplementary search?  The appointment of an agent to represent the applicant for the purposes of all procedures during the international phase, including the procedure before the Authority specified for supplementary search, may be made in Box No. IV of the request form (PCT/RO/101) or in a separate power of attorney submitted to the receiving Office (see also paragraphs 5.041 to 5.046 and 11.001 to 11.014).

8.019.   Where, however, an agent is to be appointed specifically for the purposes of the procedure before the Authority specified for supplementary search, this should be indicated in Box No. III of the supplementary search request form and the form signed by the applicant.

8.020.   The appointment of an agent may also be made in a separate power of attorney signed by the applicant. The indications in Box III or in a separate power of attorney must include the name and address of the agent (see paragraphs 5.025 to 5.029). It is recommended that the agent’s telephone number, facsimile number and/or e-mail address also be indicated. It is also recommended that where an agent is registered with the Office, that is acting as the Authority specified for supplementary search, the number or other indication under which the agent is so registered should be included. Model powers of attorney are available in editable PDF format on the WIPO website. Any separate power of attorney must be submitted to the Authority specified for supplementary search if the appointment was made specifically for the purposes of the procedure before that Authority.  Where a general power of attorney authorizes an agent to represent the applicant before the Office, which acts as the Authority specified for supplementary search, and the appointment was made specifically for the purposes of the procedure before that Authority, the general power of attorney must be deposited with the said Authority.  The Authority specified for supplementary search may waive the requirement that a separate power of attorney or a copy of the general power of attorney be submitted to it (see Annex SISA).

Rule 4.4(c)

8.021.   How can an agent receive notifications via e-mail?  If the check-box in Box No. III is marked indicating that either the sending of advance copies of notifications by e-mail or the sending of notifications exclusively by e-mail is authorized, the International Bureau and the Authority specified for supplementary search may, if they wish to do so, send such notifications to the agent or common representative at the indicated e-mail address, thus avoiding processing or postal delays (see paragraph 8.017).

Section 108

8.022.   What is the address for correspondence?  Where an agent is appointed specifically for the purposes of the procedure before the Authority specified for supplementary search, all notifications issued by that Authority will be addressed only to that agent.  Otherwise, correspondence will be sent to the agent appointed previously or to the common representative, as the case may be.  However, where no agent or common representative is appointed and the applicant wishes correspondence to be sent to a different address other than that indicated in Box No. II, he may indicate that address in Box No. III.  In such cases, the last check-box of Box No. III must be marked.  However, the last check-box must not be marked if either of the check-boxes “agent” or “common representative” in Box No. III has been marked.


Box No. IV:  Basis for Supplementary International Search

Rule 45bis.1(b)(iii)

8.023.   Where should the language, for the purposes of supplementary international search, be indicated?  The applicant should indicate the language, for the purposes of supplementary international search, in Box IV and whether that language is that of the international application as originally filed, or of any translation furnished to the receiving Office under Rule 12.3 or 12.4.  Where neither the language in which the international application was filed, nor the language in which a translation (if any) has been furnished under Rule 12.3 or 12.4, is accepted by the Authority specified for supplementary search, a translation of the international application, into a language, which is accepted by that Authority, must be furnished together with the request.  In such cases, the last check-box concerning language should be marked.  Where more than one of the above applies, the applicant may indicate, which language version is to form the basis of the supplementary international search, by marking the corresponding check-box.

Rule 45bis.1(d) 45bis.5(d)

8.024.   When and how may the applicant select certain inventions to be searched?  Where the International Searching Authority has found that the international application does not comply with the requirement of unity of invention, the applicant may choose, among the several inventions, which invention he wishes to be searched by the Authority specified for supplementary search.  If he wishes to limit the supplementary international search to an invention, other than the main invention referred to in Article 17(3)(a), he may indicate this wish by marking the last check-box in Box No. IV of the supplementary search request form, and state the corresponding numbers of the claims relating to this invention in the space provided.  Where the international search report is available to the Authority specified for supplementary search before it starts the supplementary international search, it may, however, exclude from the search any claims which were not the subject of the main international search.


Box No. V:  Check List

8.025.   What is the purpose of the check list?  Box No. V should be completed by the applicant to allow the International Bureau to verify the completeness of the documents accompanying the supplementary search request and, in particular, to check whether a translation of the international application and a sequence listing, where indicated in the respective check-boxes, are actually received.


Box No. VI:  Signature of Applicant, Agent or Common Representative

Rule 90.3(a)
92.1

8.026.   Who must sign the supplementary search request?  The supplementary search request must be signed by one of the applicants or by the appointed agent.  It should be noted, however, that additional signatures may be required for withdrawal of the supplementary search request (see paragraphs 11.048 to 11.061).


Notes to the Supplementary Search Request Form

8.027.   What are the Notes to the supplementary search request form?  The Notes to the supplementary search request form are intended to facilitate the completion of that form.  They indicate, in relation to each Box of that form, what indications are required and how they are to be made.  The Notes are not required to be submitted with the supplementary search request.


Fee Calculation Sheet

8.028.   What is the fee calculation sheet?  The fee calculation sheet is intended to help the applicant calculate the total amount of fees payable to the International Bureau.  The sheet is usually annexed to the supplementary search request form (see 8.006).  It is strongly recommended that the applicant complete the fee calculation sheet and submit it to the International Bureau.  This will help the International Bureau to verify the fee calculations and identify any errors.  The Notes to the fee calculation sheet provide details about completion of the sheet.  For more information about the payment of fees generally, see paragraphs 5.184 to 5.199.


FEES

Rule 45bis.2(a) 45bis.3(a)

8.029.   Which fees must be paid by the applicant?  Two fees must be paid for supplementary international search:  (i) the supplementary search fee for the benefit of the Authority specified for supplementary search;  and (ii) the supplementary search handling fee for the benefit of the International Bureau.  The supplementary search fee charged by each Authority varies and is fixed by the Authority in its agreement with the International Bureau (see www.wipo.int/pct/en/access/isa_ipea_agreements.html and Annex SISA).  The supplementary search handling fee is fixed by the PCT Assembly and listed in the Schedule of Fees annexed to the PCT Regulations (See Annex B(IB).  Applicants from certain States may be entitled to a 90% reduction of this fee (see the Notes to the fee calculation sheet (PCT/RO/101) for more information).

Rule 45bis.2(b) and (c)
45bis.3(b)
and (c)
45bis.4(c)
and (d)

8.030.   When must the applicable fees be paid?  Both the supplementary search fee and the supplementary search handling fee must be paid to the International Bureau within one month from the date of receipt of the supplementary search request.  If they are not paid in full within that time limit, a late payment fee will become due (see Form PCT/IB/377).  If the fees remain unpaid, the International Bureau will consider the request not to have been submitted.

8.031.  In which currencies may fees for supplementary international search be paid?  Payment of fees will only be accepted in Swiss francs.  The amount payable is the amount applicable on the date of payment.

Rule 45bis.2(d) 45bis.3(d)
and (e)

8.032.   Can fees already paid be refunded in some circumstances?  If, before the International Bureau has transmitted the relevant documents to the Authority specified for supplementary search, the international application is withdrawn or considered withdrawn, or the supplementary search request is withdrawn or considered not to have been submitted, the International Bureau will refund both the supplementary search fee and the supplementary search handling fee to the applicant.  If, before the Authority specified for supplementary search has started the search, the supplementary search request is considered not to have been submitted, that Authority will refund the supplementary search fee to the applicant in accordance with its agreement with the International Bureau (see paragraph 8.029).


PROCESSING OF THE SUPPLEMENTARY SEARCH REQUEST BY THE INTERNATIONAL BUREAU

Rule 45bis.1(e)

8.033.   What does the International Bureau check upon receipt of the supplementary search request?  Following receipt of the supplementary search request, the International Bureau will check whether the request was received within the prescribed time limit, that is, before the expiration of 19 months from the priority date.  It will verify whether the Authority specified is competent to carry out the search, that is, an International Authority which is prepared to offer supplementary international searches and which is not the International Searching Authority that carried out the main international search.  If these requirements have not been complied with, it will declare the supplementary search request not to have been submitted, and will notify the applicant accordingly using Form PCT/IB/379 (see also paragraphs 8.003 to 8.005).

Rule 45bis.4(a)

8.034.   What happens if there are other defects in the supplementary search request?  The International Bureau will then check whether the supplementary search request has clearly indicated the name and address of at least one applicant and of the agent (if any), the title of the invention, the international filing date and the international application number.  It will also verify whether a translation of the international application is needed to carry out the supplementary international search, and where necessary, whether that translation has been furnished.  If any of these requirements have not been complied with, it will invite the applicant to correct these defects within one month from the date of the invitation using Form PCT/IB/378 (see also paragraphs 8.013 to 8.016, 8.018 to 8.020, and 8.023).

Rule 45bis.4(b) and (c)

8.035.   What happens if the fees are not paid or not paid in full?  The International Bureau will also check whether the supplementary search fee and the supplementary search handling fee have been paid in full.  If not, and the one-month time limit has not expired, it will invite the applicant to pay the amount required to cover those fees using Form PCT/IB/376.  If the one-month time limit has already expired, the International Bureau will issue Form PCT/IB/377 inviting the applicant to pay the amount required, together with a late payment fee equal to 50% of the supplementary search handling fee, within one month from the date of the invitation (see also paragraphs 8.029 and 8.030).

Rule 45bis.4(d)

8.036.   If the applicant fails to correct these defects, or does not pay the fees in full, before the expiration of the respective time limit, the supplementary search request will be considered not to have been submitted, and the International Bureau will make a declaration to this effect and notify the applicant accordingly using Form PCT/IB/379.

Rule 45bis.4(e)

8.037.   When will the International Bureau transmit the relevant documents to the Authority specified for supplementary search?  Once the International Bureau finds that all of the preceding requirements (see paragraphs 8.033 to 8.035) have been complied with, it will transmit the relevant documents (see paragraph 8.038) to the Authority specified for supplementary search, promptly after it receives the international search report, or after the expiration of 17 months from the priority date, whichever occurs first.  If some documents are still not available to it at the above time, it will promptly transmit them once they are available.

Rule 45bis.4(e) and (f)

8.038.   Which documents are transmitted by the International Bureau to the Authority specified for supplementary search?  The International Bureau will transmit to the Authority specified for supplementary search a copy of each of the following, where applicable:  (i) the supplementary search request, (ii) the international application, (iii) any electronic copy of the sequence listing furnished therewith, (iv) any translation furnished which is to be used as the basis for the supplementary international search, (v) the international search report and the written opinion (including an English translation), (vi) any invitation by the International Searching Authority to pay additional fees concerning unity of invention, and (vii) any protest by the applicant against the opinion of the International Searching Authority concerning unity of invention, and the decision thereon by the same Authority.


SUPPLEMENTARY INTERNATIONAL SEARCH PROCEDURE

Rule 45bis.5(a)

8.039.   When will the Authority start work on the supplementary international search?  On receipt of the relevant documents from the International Bureau, the Authority specified for supplementary search should promptly begin its work (see paragraph 8.037).  However, if on receipt of the relevant documents, the international search report and written opinion are not yet available, the Authority may postpone the start of the search until it receives these documents.  Work on the supplementary international search must, however, commence before the expiration of 22 months from the priority date, regardless of the lateness of the international search report and written opinion.  The absence of those documents will be noted on the international search report.

Rule 13ter.1
45bis.4(e)
45bis.5(c)

8.040.   Which documents may the applicant submit directly to the Authority specified for supplementary search?  The applicant should furnish all the required documents to the International Bureau with the supplementary search request (see paragraph 8.012), and the International Bureau will transmit these, together with all other relevant documents, to the Authority specified for supplementary search (see paragraph 8.038).  Any amendments filed under Article 19 or 34 will not be taken into account.  If, however, the applicant did not submit, a copy in electronic form of the sequence listing to the International Bureau, together with the request for supplementary search (see paragraph 8.012), he will be invited by the Authority specified for supplementary search to submit such a copy to the said Authority.  Failure to comply with this requirement may result in that Authority only carrying out the supplementary international search to the extent that a meaningful search can be carried out without the sequence listing (see also paragraphs 7.005 to 7.012 for more relevant information).

Rule 45bis.5(g)
and (h)
45bis.9

8.041.   What are the consequences if the Authority finds that carrying out the supplementary international search is excluded by a limitation or condition?  If the Authority specified for supplementary search finds that carrying out the search is entirely excluded by a limitation or condition set out in its Agreement with the International Bureau (see www.wipo.int/pct/en/access/isa_ipea_agreements.html), other than a limitation under Article 17(2), it will declare that the supplementary search request be considered not to have been submitted, and promptly notify the applicant and the International Bureau accordingly.  If, however, the Authority finds that carrying out the search is not entirely excluded, it may restrict the search to certain claims only and will indicate this fact in the supplementary international search report.

Article 17(2)(a)
Rule 45bis.5

8.042.  May the Authority refuse to search certain claims?  In certain circumstances the Authority is not obliged to conduct a supplementary search on some or all of the claims in the international application.  These include subject matter that the Authority would not search in a main international search and claims which have not been searched by the main searching Authority.  If the Authority specified for supplementary search finds that it is not obliged to search any of the claims, it will declare that no supplementary international search report will be established (see paragraph 8.048) and promptly notify the applicant and the International Bureau accordingly.

Rule 45bis.5(f)

8.043.   What is the scope of the supplementary international search?  The supplementary international search shall cover at least the documentation indicated for that purpose in the Agreement between the International Authority acting as the Authority specified for supplementary search and the International Bureau (see www.wipo.int/pct/en/access/isa_ipea_agreements.html).  For some Authorities this may comprise all PCT documentation plus other patent and technical documents held by that Authority, while others will focus specifically on documentation in certain languages (see Annex SISA).

Rule 13
45bis.5(e)

8.044.  What will happen where the main International Searching Authority finds that the international application does not comply with the requirement of unity of invention?  If the main International Searching Authority finds that the international application does not comply with the requirement of unity of invention and the applicant did not pay any additional search fees, the Authority specified for supplementary search is not obliged to carry out any supplementary search on claims which have not been searched by the main International Searching Authority.  The requirements for unity of invention are set out in detail in paragraphs 5.114 to 5.123.  The Authority specified for supplementary search is not, however, obliged to agree with the main International Searching Authority and may make its own finding on unity of invention.

Rule 45bis.6(a) and (c)

8.045.   What will happen where the Authority specified for supplementary search considers that the international application does not comply with the requirement of unity of invention?  If the Authority specified for supplementary search finds that the international application does not comply with the requirement of unity of invention (the requirements for unity of invention are set out in detail in paragraphs 5.114 to 5.123) it will not invite the applicant to pay additional fees, as the International Searching Authority does in the main international search.  Instead, it will establish the supplementary international search report on those parts of the international application which relate to the invention first mentioned in the claims (“main invention”), and notify the applicant of its opinion that the international application does not comply with the requirement of unity of invention and specify the reasons for that opinion.  The applicant may, within one month from the date of the notification, request the Authority to review its opinion, subject to the payment of any review fee (see Annex SISA).  The review fee will be refunded in full, where the opinion is found to be unjustified (see paragraph 8.046) and a revised supplementary international search report will be issued, where appropriate.

Rule 45bis.6(d) and (e)

8.046.   What will happen when the applicant requests a review of the opinion of the Authority on unity of invention?  If the applicant requests a review of the opinion of the Authority specified for supplementary search that the international application does not comply with the requirement of unity of invention and pays any required review fee, the Authority will review its opinion on unity of invention.  The review may not be carried out only by the person who made the decision which is the subject of the review.  The result of the review will be notified to the applicant.  If the opinion is found to be entirely unjustified, the Authority will establish the supplementary international search report on all parts of the international application and refund the review fee to the applicant.  If the opinion is found to be partially unjustified, and the Authority still considers that the international application does not comply with the requirement of unity of invention, it will establish a corrected supplementary international search report where necessary.  Independent of the review, the applicant may always request that the text of both the request for review and the decision thereon be communicated to the designated Offices together with the supplementary international search report.

Rule 45bis.7(a)

8.047.   When is the supplementary international search report established?  The supplementary international search report must be established within 28 months from the priority date using Form PCT/SISA/501.

Rule 45bis.7(a)

8.048.   What happens when the Authority specified for supplementary search declares that no supplementary international search report will be established?  A declaration that no supplementary international search report will be established must be made within 28 months from the priority date using Form PCT/SISA/502 (see paragraphs 8.003 and 8.004).

Rule 45bis.7(d)
and (e)

8.049.   What does the supplementary international search report contain?  The supplementary international search report is generally similar in contents and appearance to the main international search report (see paragraph 7.024).  It does not, however, contain comments on the title of the invention or the abstract, nor does it contain the classification of the subject matter.  Further, it does not repeat relevant prior art 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 concerning citations of documents 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 prior art.  Furthermore, it may contain additional comments on the scope of the supplementary search which has been conducted.  This is of particular relevance when the supplementary search has been carried out without the benefit of the main international search report.

Article 20(3)
Rule 44.3
45bis.7

8.050.   How can the applicant obtain copies of the documents cited in the supplementary international search report?  Many Authorities which have stated their preparedness to carry out supplementary international search transmit such copies automatically, without extra charge to the applicant, together with the supplementary international search report.  Annex SISA indicates whether an Authority charges a fee for furnishing copies of these documents.

Article 20(1)
Rule 45bis.8
47.1(d)

8.051.   How is the supplementary international search report transmitted?  The Authority specified for supplementary search will, on the same day, transmit one copy of the supplementary international search report (or, the declaration that no supplementary international search report will be established) to the International Bureau and one copy to the applicant.  The International Bureau will include the supplementary international search report in its communication to each designated Office, as if it were part of the international search report, unless the designated Office has waived this requirement.

Rule 45bis.8(b)
and (c)
Section 420(b)

8.052.   Is a copy of the supplementary international search report sent to the International Preliminary Examining Authority?  Where the applicant files a demand for international preliminary examination, and the International Preliminary Examining Authority is not the same Authority as that specified for supplementary search, the International Bureau will, promptly on receipt of the supplementary international search report, transmit a copy of said report to the International Preliminary Examining Authority.  The report, together with the international search report, will all be taken into account by that Authority during the process of international preliminary examination.  Note, however, if that Authority has already begun to draw up the international preliminary examination report, it need not take into account the supplementary international search report for the purposes of that report.

Article 20(3)
Rule 44.3
94.1(b)

8.053.   Will the supplementary international search report be published?  The supplementary international search report is not published per se nor as part of the international publication.  Nevertheless, once the international application has been published, and the supplementary international search report has been received, it is made available for public inspection by the International Bureau on PATENTSCOPE (www.wipo.int/patentscope/search/en/structuredSearch.jsf).