IPA patent 4.3.2-earlier-search-results — IP Australia Patent Manual of Practice and Procedure – 4.3.2 Earlier Search Results

Also in this Chapter: 4.3.1 Construction and the Inventive Concept ​​​​​​​ 4.3.3 Additional Searching 4.3.4 Top-Up Searching 4.3.5 Preliminary Search 4.3.6 Applicant and/or Inventor Name Searching Key Legislation: Patents Act: s27 Notice of matters affecting validity of standard patents Related Chapters: 4.3 Initial Search Considerations 4.3.3 Additional Searching 4.3.4 Top-Up Searching 4.4 Development of the Search Strategy 4.4.1 Three Person Team (3PT) 4.5 Conducting the Search 5.6.4.5 Third Party Notifications Family Member Analyser (FMA) The search strategy should make as great a use as possible of earlier search results. Earlier search results will be available for a particular invention where a corresponding application has previously been searched by IP Australia or by (or on behalf of) a foreign Patent Office. These results include ISR/IPER/IPRPs, FERs, and Article 15(5) search reports. Where there are no earlier search results available, an original search will be required. Where earlier search results are available but are considered unsuitable or inadequate, examiners may need to conduct an additional search (see 4.3.3 Additional Searching ). The existence of a s27 notice on file may also impact upon the approach examiners take when performing the search (see 5.6.4.5 Third Party Notifications ). Original and additional searches are expected to follow the searching guidelines outlined in sections 4.3 Initial Search Considerations , 4.4 Development of the Search Strategy , and 4.5 Conducting the Search . In particular, full utilisation of the three-person team is expected (see 4.4.1 Three Person Team (3PT) ). In certain circumstances, the examiner may choose to perform a less formal ‘top-up’ search, which would not require the full use of the 3PT and would not be eligible for the usual work units associated with an original or additional search (see 4.3.4 Top-Up Searching ).