<\/span><\/h2>\n\n\n\nThe\nprocess of obtaining an International Search Report of an International\nSearching Authority is as follows:<\/em><\/strong><\/p>\n\n\n\n\nUnder Rule 19-B\nof the Patent Rules, 2003,<\/em><\/strong> on receipt of the search copy, the Indian\nInternational Searching Authority, is required to notify the International\nBureau (IB) and the applicant of the application about the receipt of search\ncopy with an identification mark ‘ISA\/IN’<\/strong>\ntogether with the international application number and date of receipt and\nserial number of the search copy. <\/li>\n\n\n\nNotwithstanding\nanything contained in the proviso to item (i) of Rule 24-B of the<\/em><\/strong>\nPatent Rules, 2003,<\/em><\/strong> the International Searching Authority is\nrequired to, upon the receipt of the search copy, refer the international\napplication for the grant of Patent, in the manner in which the search copy was\nreceived, to an examiner or any other officer appointed under Section 73(2)\nof the Patent Act, 1970.<\/em><\/strong> <\/li>\n\n\n\nThe examiner is\nrequired to prepare an International Search Report (ISR), consistent with the\nprovisions prescribed in the Patent Cooperation Treaty (PCT) and the\nregulations and rules prescribed under the Treaty. The ISR should be prepared\nby the examiner within a time period of one month but should not exceed 2\nmonths from the date on which such reference was made by the Indian\nInternational Searching Authority.<\/li>\n\n\n\n In accordance with Rule\n19(3) of the Patent Rules, 2003,<\/em><\/strong> if the International Searching\nAuthority contemplates that, the international application for the grant of\nPatent is related to a subject matter which the International Searching Authority\nis not required to search. Therefore, accordingly, the Searching Authority decides\nnot to search; or the claims, description, or drawings fail to fulfill the\nrequirements prescribed under the rules and regulations prescribed under the Patent\nCooperation Treaty. <\/li>\n\n\n\nIt is to such an extent\nthat an expressive and meaningful search will not be carried out, and then the International\nSearching Authority states and informs the applicant of the application for the\ngrant of Patent and the International Bureau (IB) that there will be no\nestablishment of an International Search Report. <\/li>\n\n\n\n In the case where any\nof the situations mentioned in Rule 19(3) clause (a) or (b) of the<\/em><\/strong>\nPatent Rules, 2003,<\/em><\/strong> is found to be existing in connection with\ncertain specified claims only, the International Searching Authority (ISA) is\nrequired to indicate such a fact in the International Search Report (ISR) with\nregard to such claims, and for any other claims, that are established in the\nInternational Search Report (ISR). <\/li>\n\n\n\nIf the International Searching\nAuthority (ISA) contemplates that the international application for the grant\nof Patent does not fulfill the requirements of unity of an invention or\ncreation, consistent with the provisions prescribed in Rule 13<\/em><\/strong> of\nthe rules and regulations under the Patent Cooperation Treaty (PCT), then the\nSearching Authority sends a notice with specifying the reasons for which the\ninternational application for the grant of Patent is not considered as fulfilling\nthe requirement of the unity of an invention. <\/li>\n\n\n\nSubsequently, the\napplicant of the application for grant of Patent is invited to;-<\/li>\n<\/ul>\n\n\n\n
\nThe International Searching\nAuthority creates the International Search Report (ISR) on those parts of the\ninternational application which are related to the invention first mentioned in\nthe claims of the main invention and subject for the payment of additional fees\nwithin the prescribed time period specified in Rule 19<\/em><\/strong> (5) of\nthe Patent Rules, 2003<\/em><\/strong>. It applies to those parts of the international\napplication for the grant of Patent which is related to inventions in respect\nof which such an additional fee was paid.<\/li>\n\n\n\nAny applicant can under\nprotest also pay the additional fees that are to be accompanied by a reasoned\nstatement explaining that the international application fulfills the\nrequirement of unity of invention or that the amount of the additional fees\nrequired is excessive. <\/li>\n\n\n\n The examination of the\nprotest referred to in Rule 19 (7) of the Patent Rules, 2003,<\/em><\/strong> is\ncarried out by a Review Committee established by the Controller of the Patent. <\/li>\n\n\n\nThe Review Committee that\nis established under Rule 19 (8) of the Patent<\/em><\/strong> Rules, 2003<\/em><\/strong>,\nwill examine the extent to which the protest is justified and, will accordingly,\norders for the total or partial repayment of the additional fee to the\napplicant of the international application for the grant of Patent.<\/li>\n\n\n\nWhere the applicant of\nthe international application for the grant of Patent has not paid the fees for\nthe protest according to Rule 19 (5) clause (b) of the<\/em><\/strong> Patent\nRules, 2003,<\/em><\/strong> the protest will be considered that it has not been made\nand the same will be declared by the International Searching Authority.<\/li>\n\n\n\nThe protest fee of the\napplicant will be refunded to the applicant, in the case, where the Review\nCommittee referred to in Rule 19 (8) of the Patent Rules,<\/em><\/strong> 2003,<\/em><\/strong>\nfinds that the protest was completely justified.<\/li>\n\n\n\nWhere the international\napplication for the grant of Patent includes the disclosure of one or more\namino acid or nucleotide sequences and such sequences are not furnished in\ncomputer-readable text format, the International Searching Authority sends a\nnotice to the applicant of the international application for the grant of\nPatent to submit such a sequence listing in computer-readable text format. They\nhave to pay the late fee specified in the Fifth Schedule, within a time period\nof one month from the date on which such notice was received. <\/li>\n\n\n\n In a case where the\napplicant of the international application fails to fulfill the requirements of\nthe notice, the International Searching Authority searches the international\napplication made for the grant of Patent to such an extent that a meaningful or\nexpressive search can be carried out without the sequence listing in computer-readable\ntext format. <\/li>\n<\/ul>\n\n\n\n