- Once the search copy is received by the Searching Authority, they shall notify the applicant and the International Bureau along with the identification mark ‘ISA/IN’ along with the international application number and its serial number and the date of receiving the search copy.
- After receiving the search report, the Searching Authority shall refer the international application to an examiner or other officer so appointed for the purpose, in the order in which the search copy was received, for preparing the international search report according to the provisions and regulations of the Treaty within one month or not more than 2 months from the date of receiving the same.
- The Searching Authority shall declare and notify the applicant and the International Bureau that no international search report shall be established, if it considers that,
- the international application relates to a subject matter which the Searching Authority is not required to search and decides not to search; or
- the description, claims or drawings fail to comply with the requirements as prescribed under the Treaty to a greater extent that the search could not be carried out.
- In such conditions where the Searching Authority declares that an international search report shall not be established for certain claims alone; it shall clearly indicate the same in the International Search Report and shall establish the International Search Report for other claims.
- If the international application does not comply with the requirement of Unity of Invention (One Patent for One Invention), as per rule 13; the Searching Authority shall send a notice specifying the reasons and inviting the applicant to;
- Pay the additional fee within one month (indicating the additional fee amount to be paid) and
- Pay the protest fee (if applicable) within one month (indicating the additional fee amount to be paid).
- Until payment of the additional fee; the searching authority shall establish the International Search Report for those parts of the International application which relates to the first invention (main invention) alone as mentioned in the claims; if the additional fee is paid within the prescribed time, then international search shall be established to the other invention also.
- If the applicant considers that the invention is under unity of inventions requirement and he pays the additional fee protesting the searching authority, he shall pay the same along with a statement to that mentioning that the additional fee is paid on protest and also pay the protest fee.
- The examination of the protest shall be carried out by a Review Committee under the Controller.
- After the review committee’s examination, if the invention falls fully or partly under unity of invention requirement for the satisfaction of the Controller; the fee so paid as additional fee shall be refunded fully or partially.
- If the applicant has not paid the protest fee; the protest shall be considered to be not made and the application shall be treated as if two inventions are made.
- If the protest was entirely justified then the protest fee so paid shall be fully refunded.
- If an international application contains disclosure of one or more nucleotide or amino acid sequences and the sequences so furnished are not in Computer – Readable format; the searching authority shall send a notice to the applicant to submit the sequence listing in the format needed and to pay the late furnishing fee within a period of one month from the date of such notice. If such sequence is not furnished and no fee is paid for the same; the searching authority shall search the international application to a meaningful extent upto which it can be searched without the sequence listing.