Szabadalmi Közlöny és Védjegyértesítő, 2003. január-március (108. évfolyam, 1-3. szám)
2003-01-01 / 1. szám
2003/1 - SZKV 23 Rule 42 Time Limit for International Search 42.1 Time Limit for International Search The time limit for establishing the international search report or the declaration referred to in Article 17(2) a) shall be three months from the receipt of the search copy by the International Searching Authority, or nine months from the priority date, whichever time limit expires later. Rule 43 The International Search Report 43.1 Identifications The international search report shall identify the International Searching Authority which established it by indicating the name of such Authority, and the international application by indicating the international application number, the name of the applicant, and the international filing date. 43.2 Dates The international search report shall be dated and shall indicate the date on which the international search was actually completed. It shall also indicate the filing date of any earlier application whose priority is claimed or, if the priority of more than one earlier application is claimed, the filing date of the earliest among them. 43.3 Classification a) The international search report shall contain the classification of the subject matter at least according to the International Patent Classification. b) Such classification shall be effected by the International Searching Authority. 43.4 Language Every international search report and any declaration made under Article 17(2) a) shall be in the language in which the international application to which it relates is to be published or, if a translation into another language was transmitted under Rule 23.1 b) and the International Searching Authority so wishes, in the language of that translation. 43.5 Citations a) The international search report shall contain the citations of the documents considered to be relevant. b) The method of identifying any cited document shall be regulated by the Administrative Instructions. c) Citations of particular relevance shall be specially indicated. d) Citations which are not relevant to all the claims shall be cited in relation to the claim or claims to which they are relevant. e) If only certain passages of the cited document are relevant or particularly relevant, they shall be identified, for example, by indicating the page, the column, or the lines, where the passage appears. If the entire document is relevant but some passages are of particular relevance, such passages shall be identified unless such identification is not practicable. 43.6 Fields Searched a) The international search report shall list the classification identification of the fields searched. If that identification is effected on the basis of a classification other than the International Patent Classification, the International Searching Authority shall publish the classification used. b) If the international search extended to patents, inventors’ certificates, utility certificates, utility models, patents or certificates of addition, inventors’ certificates of addition, utility certificates of addition, or published applications for any of those kinds of protection, of States, periods, or languages, not included in the minimum documentation as defined in Rule 34, the international search report shall, when practicable, identify the kinds of documents, the States, the periods, and the languages to which it extended. For the purposes of this paragraph, Article 2 (ii) shall not apply. c) If the international search was based on, or was extended to, any electronic data base, the international search report may indicate the name of the data base and, where considered useful to others and practicable, the search terms used. 43.7 Remarks Concerning Unity of Invention If the applicant paid additional fees for the international search, the international search report shall so indicate. Furthermore, where the international search was made on the main invention only or on less than all the inventions (Article 17(3) a)), the international search report shall indicate what parts of the international application were and what parts were not searched. 43.8 Authorized Officer The international search report shall indicate the name of the officer of the International Searching Authority responsible for that report. 43.9 Additional Matter The international search report shall contain no matter other than that specified in Rules 33.1 b) and c), 43.1 to 43.3,43.5 to 43.8, and 44.2, and the indication referred to in Article 17(2) b), provided that the Administrative Instructions may permit the inclusion in the international search report of any additional matter specified in the Administrative Instructions. The international search report shall not contain, and the Administrative Instructions shall not permit the inclusion of, any expressions of opinion, reasoning, arguments, or explanations. 43.10 Form The physical requirements as to the form of the international search report shall be prescribed by the Administrative Instructions. Rule 44 Transmittal of the International Search Report, Etc. 44.1 Copies of Report or Declaration The International Searching Authority shall, on the same day, transmit one copy of the international search report or the declaration referred to in Article 17(2) a) to the International Bureau and one copy to the applicant. 44.2 Title or Abstract The international search report shall either state that the International Searching Authority approves the title and the abstract as submitted by the applicant or be accompanied by the text of the title and/or abstract as established by the International Searching Authority under Rules 37 and 38. 44.3 Copies of Cited Documents a) The request referred to in Article 20(3) may be presented any time during seven years from the international filing date of the international application to which the international search report relates. b) The International Searching Authority may require that the party (applicant or designated Office) presenting the request pay to it the cost of preparing and mailing the copies. The level of the cost of preparing copies shall be provided for in the agreements referred to in Article 16(3) b) between the International Searching Authorities and the International Bureau. c) [Deleted] d) Any International Searching Authority may perform the obligations referred to in paragraphs a) and b) through another agency responsible to it.
