IPA patent 4.3.4-top-up-searching — IP Australia Patent Manual of Practice and Procedure – 4.3.4 Top-Up Searching

Also in this Chapter: 4.3.1 Construction and the Inventive Concept 4.3.2 Earlier Search Results 4.3.3 Additional Searching ​​​​​​​ 4.3.5 Preliminary Search 4.3.6 Applicant and/or Inventor Name Searching Related Chapters: 4.3.3 Additional Searching 4.7 Annex D 6.3.4.1 Demand and Top-up Search RIO - Processing PCT Tasks - International Search Information Statement RIO - Processing National Examination Tasks - Search Information Statement Examiners may sometimes be required to perform informal ‘top-up’ searches in order to quickly identify prior art. Such top-up searches merely require examiners to conduct a search on their own without the need to form a three person team. Examples of instances when a top-up search may be appropriate can include: Identifying documentary evidence of CGK; Identifying prior art documents for use in mosaic objections; “Quick and dirty” searches to confirm validity of previous search results and/or to determine whether further searching is appropriate; General research to determine the state of the art; Repeat of a previous strategy to identify any prior art published since the previous search (for example, P, X, or E level citations). Note that it is a PCT requirement to perform top-up searches at the IPE Demand stage, see 6.3.4.1 Demand and Top-up Search . Top-up searches are generally not considered to involve significant effort and therefore are NOT considered to be equivalent to an original or additional search and thus must not be credited as an original/additional search. Where examiners believe significant work is likely to be involved, the 3PT should be consulted to determine if an additional search is warranted. If doubt remains whether an additional search is warranted, a senior examiner should then be consulted (see 4.3.3 Additional Searching ). Note that the recording of top-up searches in the SIS must comply with the guidance provided in 4.7 Annex D .