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application to the extent that a meaningful search can be carried
out without the sequence
listing.
19C. Time limit for establishing international search report.—The Searching Authority shall
establish the International Search Report and written opinion or, as the case may be, the
declaration referred to in sub-rule (3) of rule 19B within a period of three months from the
date of receipt of the search copy by the Searching Authority, or within a period of nine
months from the date of priority, whichever expires later.
19D. Transmittal of the International Search Report and written opinion.—The Searching
Authority shall transmit one copy of the International Search Report
or of the declaration
referred to in Article 17(2)(a) of
the Treaty, and one copy of the written opinion established
under Rule 43bis.1of the regulations under the Treaty, to the International Bureau and one
copy to the applicant, on the same day.
19E. Confidential treatment.
—All matters pertaining to international applications shall be
kept confidential in accordance with the treaty and the regulations under the Treaty.
19F. Indian International Preliminary Examining Authority.—(1) The Patent Office, Delhi
branch shall perform the functions of the
International Preliminary
Examining Authority under the Treaty in accordance with an agreement between the Indian
Patent Office and the International Bureau.
(2) The Examining Authority referred to in sub-rule (1), shall establish-
(a) the International Preliminary Examination Report in respect of all international
applications electing India as an International Preliminary Examining Authority;
(b) the International Preliminary Examination Report in respect of the demands filed
by the nationals or residents of other countries in
accordance with an agreement
between Indian Patent Office and the International Bureau, upon being notified by
the International Bureau;
(c) the International Preliminary Examination in respect of demands made by the
nationals or residents of other countries not party to the Treaty or not bound by
Chapter II of the Treaty, if the Assembly has so approves.
19G. Period for making a demand.—(1) The demand for
international preliminary
examination shall be made within the period specified in the Treaty or regulations under
the Treaty.
(2) In case the demand is made after the expiry of the period specified in sub-rule (1), it
shall be considered to have not been made and no International Preliminary Examination
Report shall be prepared.
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19H. Fees payable to Examining Authority.— The fees payable to the Examining Authority
shall, in addition to the fees specified in the regulations under the Treaty, be the fees
specified in the Fifth Schedule.
19I. Manner of making a demand.— A demand shall be made in accordance with the
provisions contained in these rules, the Treaty and the regulations under the Treaty.
19J. Processing of demands for International preliminary examination.— (1) The
Examining Authority, on receipt of the demand for international preliminary examination, if
the Examining Authority is competent to conduct an international preliminary examination,
shall assign the identification mark 'IPEA/IN' and shall notify the Applicant and the
International Bureau.
(2)In case where the Examining Authority is not competent to conduct the international
preliminary examination of the international
application, it shall transmit the demand
promptly to the International Bureau.
19K. International Preliminary Examination Report.—(1) Notwithstanding anything
contained in the proviso to item (i) of sub-rule (2) of rule 24B, the Examining Authority shall
refer the international application, in accordance with the provisions contained in the
Treaty and the regulations under the Treaty, in the order in which the demand was received
in the Examining Authority to an examiner or any other officer appointed under sub-section
(2) of section 73 of the Act for preparing an International Preliminary
Examination Report ordinarily within a period of three months but not exceeding four
months from the date of such reference.
(2)Claims relating to inventions in respect of which no International Search Report
has
been established shall not be the subject of international preliminary examination.
(3) The Examining Authority, if considers that-
(a) the international application relates to a subject-matter on which the Examining
Authority is not required to carry out an international preliminary examination, and,
decides not
to carry out such examination; or
(b) that the description, the claims, or the drawings, are so unclear, or the claims are
so inadequately supported by the
description, that no meaningful opinion can be
formed on the questions of novelty, inventive step (non-obviousness), or industrial
applicability, the Examining Authority shall not go into these questions and shall
inform the applicant of this opinion and the reasons therefor.
(4) In a case where any situation referred to in clause (a) or clause (b) of sub-rule (3)
is
found to exist in connection
with certain claims only, the Examining
Authority shall indicate this fact in the International Preliminary Examination Report in
respect of such claims, and for other claims, it shall establish the International Preliminary
Examination Report.