IPA patent 6.4.4-search-procedure — IP Australia Patent Manual of Practice and Procedure – 6.4.4 Search Procedure

Also in this Chapter: 6.4.1 Introduction 6.4.2 Completion Time and Priority 6.4.3 Initial Processing ​​​​​​​ 6.4.5 Search Report and Advisory Opinion 6.4.6 Further Advisory Opinion 6.4.7 Final Processing 6.4.8 Annexes Related Chapters: 4.4 Development of the Search Strategy 4.6 Recording the Search Details Annex D - Search Information Statement Annex F - When to Complete the Search Information Statement (SIS) On this page Examiner search actions Recording search details Examiner search actions The search examiner will: Classify the invention. Prepare a written search statement defining the scope of the invention to be searched (see Note below). If multiple inventions exist, then the search statement must encompass all the inventions disclosed, as each invention is to be searched. Indicate a proposed search. Carry out an ‘original’ search in accordance with 4.4 Development of the Search Strategy . Where a meaningful search cannot be made, then an advisory opinion is prepared on that basis. However, a search is done where practicable . The priority date of the Fijian application is taken as the date of the petition. The petition should be on the documents accompanying the Fijian application. The documents from the search which are relevant are those that destroy the novelty of the invention as defined in the search statement. A search for obviousness is not required. The Examiner will download and store all citations relating to the Fijian application in the respective International application folder in COMPASS (see RIO - COMPASS ). Note: It is essential to prepare a written search statement since Fijian applications do not require claims. Additionally, since it is not possible to communicate with the applicant, the examiner must attempt to define the invention by the search statement. Where claims are present, these can be used as a basis for the search statement. Recording search details All details of the search must be recorded on the Search Information Statement (SIS), which is generated by the template in Intelledox. This includes details of all patent and non-patent literature searches, as well as searches conducted on the internet. The names of the members of the 3 person team should also be recorded. For information on when a SIS must be completed, see Annex F - When to Complete the Search Information Statement (SIS) . Further information on the SIS, including instructions for its completion and use, are provided at 4.6 Recording the Search Details and Annex D - Search Information Statement .