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PCT International Search and Preliminary Examination Guidelines


Chapter 2 Overview of the International Search Stage

Options Open to the Applicant

2.15 In general, the applicant has the following options available following the receipt of the international search report and written opinion of the International Searching Authority:

(a) send (informal) comments on the written opinion of the International Searching Authority to the International Bureau, who will make these available to the public and to designated Offices (see paragraphs 2.17 and 2.18, below);

Rule 46

(b) submit to the International Bureau amendments of the claims under Article 19(1) accompanied by a letter drawing attention to the differences between the claims and indicating the basis for the amendments in the application as filed, and optionally including a brief statement explaining the amendments;

Rule 45bis

(c) request one or more supplementary international searches from Authorities which offer that service, other than the Authority which performed the main international search;

Articles 31, 34(2)(b); Rule 53

(d) request international preliminary examination, including arguments and/or amendments which will be taken into account by the International Preliminary Examining Authority;

(e) withdraw the application under Rule 90bis; or

(f) take no further action in the international phase, instead waiting until it is necessary, or desired, to pursue the application before designated Offices.