IPA patent 6.1.11.9-ending-the-search — IP Australia Patent Manual of Practice and Procedure – 6.1.11.9 Ending the Search

Also in this Chapter: 6.1.11.1 Overview - Novelty / Inventive Step 6.1.11.2 Inventive Step 6.1.11.3 Searching Product by Process Claims 6.1.11.4 Dates Searched 6.1.11.5 Conducting the Search 6.1.11.6 Useful Techniques (‘piggy back/forward’ searching) 6.1.11.7 Obtaining Full Copies 6.1.11.8 Considering and Culling the Documents 6.1.11.10 Categorising the Citations 6.1.11.11 Grouping the Claims Key Legislation: PCT ISPE Guidelines: Paragraph 15.28 Dependent Claims Paragraph 15.63 Evaluating the Prior Art Paragraph 15.61 Stopping Search Related Chapters: 4.5.2 Cessation of Search 6.1.8.4 Search Considerations The examiner should use appropriate judgment to end the search when the probability of discovering further relevant prior art becomes very low in relation to the effort needed (efficient use of search resources). Before ending the search, the examiner should consult with their 3 person search team. The international search may also be stopped upon finding one or more documents that anticipate the entire subject matter to which the claims are directed or to which they might reasonably be expected to be directed. The exception is features that would not involve an inventive step and are sufficiently well known in the field under consideration that documentary evidence seems unnecessary ( PCT/GL/ISPE/12 at paragraph 15.61 ). However, the search should not be stopped if the document that has been found is from the same applicant/inventor and the filing date of that document is within 12 months of the filing date of the invention being searched (see also 4.5.2 Cessation of Search ). No special search should be made for features that are so well-known that documentary evidence seems unnecessary. However, if a handbook or other document that shows a feature is generally known can be quickly found, it should be cited ( PCT/GL/ISPE/12 at paragraph 15.28 ). See also 6.1.8.4 Search Considerations .