Common use of The International Search Clause in Contracts

The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (“international-type search”) be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.

Appears in 12 contracts

Samples: Patent Cooperation Treaty (Pct), Patent Cooperation Treaty (Pct), Patent Cooperation Treaty

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The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (international-type search) be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.

Appears in 5 contracts

Samples: Patent Cooperation Treaty, Patent Cooperation Treaty, Patent Cooperation Treaty

The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search ("international-type search") be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.

Appears in 3 contracts

Samples: Patent Cooperation Treaty, Patent Cooperation Treaty (Pct), Patent Cooperation Treaty

The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (“international-international- type search”) be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.

Appears in 1 contract

Samples: Patent Cooperation Treaty

The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (“international-"international- type search") be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.

Appears in 1 contract

Samples: Patent Cooperation Treaty

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The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (“international-type search”) be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-international- type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications. NOTES ON ARTICLE 15 PARAGRAPHS (1) and (2): See Rules 33.1 (Relevant Prior Art for the International Search) and 33.2 (Fields to be Covered by the International Search). PARAGRAPH (3): See Rule 33.3 (Orientation of the International Search). PARAGRAPH (4): See Rule 34 (Minimum Documentation). PARAGRAPH (5)(a): See Rules 4.11 (The Request (Contents): Reference to Earlier International or International-Type Search) and 41.1 (The International-Type Search: Obligation to Use Results; Refund of Fee). “National application,” “national law,” and “national Office” are defined in Article 2(vi), (x) and (xii), respectively. PARAGRAPH (5)(b): “National application,” “national law,” and “national Office,” are defined in Article 2(vi), (x) and (xii), respectively. PARAGRAPH (5)(c): As to the question which International Searching Authority is competent, see Article 16(2). The language prescribed for international applications results from Rule 12. As to the form prescribed for international applications, see Articles 3 to 8 and the Rules cited in the notes referring to those Articles, particularly Rules 3 to 13. As to which International Searching Authority is competent, see Rule 35. “National application” is defined in Article 2(vi).

Appears in 1 contract

Samples: Patent Cooperation Treaty

The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (“international-type search”) be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.

Appears in 1 contract

Samples: Patent Cooperation Treaty

The International Search. (1) Each international application shall be the subject of international search. (2) The objective of the international search is to discover relevant prior art. (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any). (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations. (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (“international-international type search”) be carried out on such application. (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search. (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.

Appears in 1 contract

Samples: Patent Cooperation Treaty

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