3. No meaningful search possible
3.5 The content of the WO‑ISA after an invitation for informal clarification and/or in case of a restriction of the search
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A revised version of this publication entered into force. |
Generally, a restriction of the search will not always be indicated in the international search report. Rather the extent of the search as well as the reasons for the restriction will in many cases only be indicated in the WO‑ISA, as explained below. The opinion given is normally restricted to what has actually been searched.
If after clarification a complete search can be made, the ISR will be designated as complete. Any outstanding clarity problem will be mentioned in Box VIII of the WO‑ISA.
If only some of the claims and/or parts of the claims can be searched and it is not possible, on the basis of the description, to foresee a likely fallback position for the unsearched subject-matter, even taking any reply from the applicant into consideration, a precise indication of what has been searched with the corresponding claims, together with full reasoning why the search was restricted, are entered into both the ISR and the WO‑ISA. In addition, in the WO‑ISA an opinion as to novelty, inventive step and industrial applicability of the searched subject-matter must be given.
If some claims or parts of claims cannot be searched but it is possible, on the basis of the description, to foresee a searchable fallback position, taking any possible reply from the applicant into consideration, the ISR will be filled out as for a complete search in respect of those claims. An indication which claims have been searched (in part), together with full reasoning why the search was restricted, and a precise indication of what has been searched are entered into the WO‑ISA. In the ISR the cited documents will relate to the searched (or partially searched) claims only. In addition, in the WO‑ISA an opinion as to novelty, inventive step and industrial applicability of the searched subject-matter must be given.
If, even taking any reply from the applicant into consideration, it is not possible to perform a search at all, a declaration of no search, together with full reasoning why, is issued instead of the ISR. The WO‑ISA must contain full reasoning why the search is not possible.