PCT International Search and Preliminary Examination Guidelines


Chapter 2 Overview of the International Search Stage

Publication of the Search Report and Making Available of the Written Opinion of the International Searching Authority

Article 21(3); Rule 48.2

2.17  The international search report is published with the international application unless it is not yet available. If delayed, it is published separately as soon as possible afterwards. The written opinion and any informal comments filed by the applicant will be made available to the public by the International Bureau at the same time.

International Preliminary Report on Patentability (Chapter I of the PCT) (When no Demand Is Filed)

Rule 44bis

2.18  If no international preliminary examination report is to be established because the applicant did not file a demand for preliminary examination, or the demand has been withdrawn, the International Bureau will prepare a report, entitled “international preliminary report on patentability (Chapter I of the Patent Cooperation Treaty)” having the same contents as the written opinion. Note that even if the applicant filed any amendments under Article 19, the amendments will not be taken into consideration in the international preliminary report on patentability. Also, note that in certain circumstances as set forth in Rule 44bis.3(a) and (d), the International Bureau may translate the written opinion or report into English. Any such report and translation is communicated to designated Offices, who may then allow access to it, after 30 months from the priority date, or earlier if the applicant has requested early national processing of his application under Article 23(2). The report together with any translation will also be made available to the public by the International Bureau after 30 months from the priority date.