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Supplementary Search Request Form. This is a Official Federal Forms form and can be use in PCT US Patent Office.
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Tags: Supplementary Search Request, PCT-IB-375, Official Federal Forms US Patent Office, PCT
The supplementary search request must be filed directly with the International Bureau. The full name or two-letter code of the Authority specified
for supplementary search must be indicated by the applicant below:
AUTHORITY/
PCT
SUPPLEMENTARY SEARCH REQUEST
Under Rule 45bis.1, the undersigned requests that a supplementary international search
be carried out in respect of the international application specified below:
For International Bureau use only
Identification of Authority
Box No. I
Date of receipt of Request
IDENTIFICATION OF THE INTERNATIONAL APPLICATION
International filing date (day/month/year)
International application No.
Applicant’s or agent’s file reference
(Earliest) Priority date (day/month/year)
Title of invention
Box No. II
APPLICANT
Name and address: (Family name followed by given name; for a legal entity, full official designation.
Telephone No.
The address must include postal code and name of country.)
Facsimile No.
Applicant’s registration No. with the Office
E-mail authorization: Marking this check-box authorizes the International Bureau
and the Authority specified for supplementary search to use the e-mail address
indicated in this Box to send, if the Authority so wishes, advance copies of notifications
in respect of this international application. (See also the Notes to Box No. II.)
State (that is, country) of nationality:
Box No. III
State (that is, country) of residence:
AGENT OR COMMON REPRESENTATIVE; OR ADDRESS FOR CORRESPONDENCE
The following person is
and
E-mail address
agent
common representative
has been appointed earlier and represents the applicant(s) also for the supplementary international search.
is hereby appointed and any earlier appointment of (an) agent(s)/common representative is hereby revoked.
is hereby appointed, specifically for the procedure before this Authority specified for supplementary search, in addition to the
agent(s)/common representative appointed earlier.
Name and address: (Family name followed by given name; for a legal entity, full official designation.
Telephone No.
The address must include postal code and name of country.)
Facsimile No.
Agent’s registration No. with the Office
E-mail authorization: Marking this check-box authorizes the International Bureau
and the Authority specified for supplementary search to use the e-mail address
indicated in this Box to send, if the Authority so wishes, advance copies of notifications
in respect of this international application. (See also the Notes to Box No. II.)
Form PCT/IB/375 (first sheet) (January 2009)
E-mail address
See Notes to the
supplementary search request
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International application No.
Sheet No. . . .
Continuation of Box No. III
ADDRESS FOR CORRESPONDENCE
Address for correspondence: Mark this check-box where no agent or common representative is/has been appointed and the
space above is used instead to indicate a special address to which correspondence should be sent.
Box No. IV
BASIS FOR SUPPLEMENTARY INTERNATIONAL SEARCH
Language for the purposes of supplementary international search: ................................................................................................
which is the language in which the international application was filed
which is the language of translation furnished for the purposes of international search
which is the language of translation furnished for the purposes of international publication
which is the language of the translation to be furnished for the purposes of supplementary international search
Following the finding by the International Searching Authority that the international application does not comply with the
requirements of unity of invention, the applicant wishes to limit the supplementary international search to one of the inventions
as identified by the International Searching Authority other than the main invention referred to in Article 17(3)(a). The
numbers of the claims relating to this invention are:
Box No. V
CHECK LIST
For International Bureau use only
The supplementary search request is accompanied by the item(s) marked below:
1.
fee calculation sheet
3.
original separate power of attorney
4.
original general power of attorney
5.
copy of general power of attorney; reference number, if any:
6.
sequence listing in electronic form
7.
statement confirming that the copy of the sequence listing in electronic form
(see above) is identical to the sequence listing disclosed in the description
8.
not received
translation of the international application for the purposes of the
supplementary international search (Rule 45bis.1(c)(i))
2.
received
other (specify):
Box No. VI
SIGNATURE OF APPLICANT, AGENT OR COMMON REPRESENTATIVE
Next to each signature, indicate the name of the person signing and the capacity in which the person signs (if such capacity is not obvious from reading this request).
For International Bureau use only
1. Date of actual receipt of REQUEST:
2.
The date of receipt is AFTER the expiration of 19 months from the priority date and items 3 and 4, below, do not apply.
3.
The date of receipt of the request is WITHIN the time limit of 19 months from the priority date as extended by virtue of
Rule 80.5.
4.
Although the date of receipt of the request is after the expiration of 19 months from the priority date, the delay in arrival is
EXCUSED pursuant to Rule 82.
Form PCT/IB/375 (last sheet) (January 2009)
See Notes to the
supplementary search request
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NOTES TO THE SUPPLEMENTARY SEARCH REQUEST FORM (PCT/IB/375)
These notes are intended to facilitate the filing of the supplementary search request form and to give some information
concerning the supplementary international search. For more detailed information, see the PCT Applicant’s Guide, a WIPO
publication, which is available, together with other PCT related documents, on WIPO’s website: www.wipo.int/pct/en/. The Notes
are based on the requirements of the PCT, the Regulations and the Administrative Instructions under the PCT. In case of any
discrepancy between these Notes and those requirements, the latter are applicable.
In the supplementary search request form and these Notes, “Article”, “Rule” and “Section” refer to the provisions of the PCT,
the PCT Regulations and the Administrative Instructions, respectively.
The supplementary search request form shall be typed or printed; check-boxes may be marked by hand with dark ink
(Rules 11.9(a) and (b) and 11.14).
The supplementary search request form and these Notes may be downloaded from WIPO’s website at the address given above.
IMPORTANT GENERAL INFORMATION
Which International Searching Authority can be selected
to carry out a supplementary international search? Only an
International Searching Authority which has stated its
preparedness to carry out supplementary international searches
(Rule 45bis.1(e)), and which is not carrying out the international
search under Article 16(1) (“main search”), can be selected
(Rule 45bis.9(b)). Information about which Authorities are
prepared to carry out such searches and about any possible
limitations and conditions is provided in the PCT Applicant’s
Guide, Annex SISA.
If the applicant wishes more than one supplementary
international search to be carried out (Rule 45bis.1(a)), a
separate request form should be submitted for each
supplementary search requested.
Where must the supplementary search request be filed?
(Rule 45bis.1). A supplementary search request must be filed
with the International Bureau and not with the Authority specified
for supplementary search. The International Bureau transmits
the request to the Authority selected by the applicant once the
requirements under Rule 45bis.1(b), (c)(i)), 45bis.2(c)
and 45bis.3(c) have been complied with, but not before the date
of receipt by the International Bureau of the international search
report or the expiration of 17 months from the priority date,
whichever occurs first.
The Authority specified for supplementary search chosen
by the applicant should be identified, preferably by an indication
of the name or two-letter code of the Authority, at the top of the
first sheet of the supplementary search request in the space
provided for that purpose.
When must the supplementary search request be filed?
(Rule 45bis.1(a)). The supplementary search request must be
filed with the International Bureau prior to the expiration of 19
months from the priority date.
In which language must the supplementary search
request be filed? (Rule 92.2(d)). The supplementary search
request must be filed in either English or French.
What is the language of correspondence? (Rule 92.2(d)
and Section 104). Any letter from the applicant to the
International Bureau must be in English or French, at the choice
of the applicant. However, if the language of the international
application is English, the letter must be in English; if the
language of the international application is French, the letter
must be in French.
What must the supplementary search request be
accompanied by? Where neither the language in which the
international application was filed nor that in which a translation
(if any) has been furnished under Rule 12.3 or 12.4 is accepted
by the Authority specified for supplementary search, a translation
of the international application into a language which is accepted
by that Authority should be submitted together with the request.
If applicable, a copy of a sequence listing in electronic form
complying with the standard provided for in the Administrative
Instructions, if required by the Authority specified for
supplementary search, should preferably be submitted together
with the request.
Box No. I
Applicant’s or Agent’s file reference: A file reference
may be indicated, if desired. It should not exceed 12 characters.
Characters in excess of 12 may be disregarded (Section 109).
Identification of the international application: The
international application number must be indicated in Box No. I.
International filing date and (earliest) priority date
(Section 110): Dates must be indicated by the Arabic number of
the day, the name of the month and the Arabic number of the
year – in that order; after, below or above such indication, the
date should be repeated in parentheses, using two-digit Arabic
numerals each for the number of the day and for the number of
the month followed by the number of the year in four digits, in
that order, and separated by periods, slants or hyphens, for
example, “20 March 2008 (20.03.2008)”, “20 March 2008
(20/03/2008)” or “20 March 2008 (20-03-2008)”. Where the
international application claims the priority of several earlier
applications, the filing date of the earliest application whose
priority is claimed must be indicated as the priority date.
Title of the invention: If a new title has been established
by the International Searching Authority, that title must be
indicated in Box No. I.
Box No. II
Applicant (Rule 45bis.1(b)(i)): The applicant, or, if there is
more than one applicant, at least one of the applicants must be
indicated in the supplementary search request. Mark in Box No.
II of the supplementary search request the same indications that
are in Boxes No. II and III of the PCT Request. The Notes to
the PCT Request apply mutatis mutandis.
Applicant’s registration number with the Office: Where
the applicant is registered with the national or regional Office
that is acting as the Authority specified for supplementary
search, the supplementary search request may indicate the
number or other indication under which the applicant is so
registered.
Telephone, Facsimile Number and/or E-mail address
should be indicated for the person named in Box No. II in order
to allow rapid communication with the applicant (see
Notes to the supplementary search request (PCT/IB/375) (page 1) (January 2009)
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Rule 4.4(c)). Any telephone or facsimile number should include
the applicable country and area codes. A single e-mail address
only should be indicated.
Unless the associated check-box is selected, any e-mail
address supplied will be used only for the types of communication
which might be made by telephone. If the associated check-box
is selected, the Authority specified for supplementary search
and the International Bureau may, if they wish to do so, send
advance copies of notifications in respect of the international
application to the applicant, thus avoiding processing or postal
delays. Any such e-mail notifications will always be followed
by the official notification on paper. Only that paper copy of the
notification is considered the legal copy and only the date of
mailing of that paper copy will commence any time limit within
the meaning of Rule 80.
Note that it is the applicant’s responsibility to keep any
e-mail address details up-to-date and to ensure that incoming
e-mails are not blocked, for any reason, on the recipient’s side.
Changes to the e-mail address indicated should be requested to
be recorded, preferably directly at the International Bureau,
under Rule 92bis. Where the e-mail authorization is given both
in respect of the applicant and in respect of an agent or common
representative, the Authority specified for supplementary search
and the International Bureau will send e-mail communications
only to the appointed agent or common representative.
Box No. III
Agent or Common Representative (Rules 45bis.1(b)(i),
90.1 and 90.2): Mark the applicable check-boxes to indicate
first whether the person named in this Box is agent or common
representative, then whether that person has been appointed
earlier (i.e., during the procedure under Chapter I), or is appointed
in the supplementary search request and any earlier appointment
of another person is revoked, or is appointed specifically for the
procedure before the Authority specified for supplementary
search (without revocation of any earlier appointment), in
addition to the person(s) appointed earlier.
Where an additional person is appointed specifically for the
procedure before the Authority specified for supplementary
search, all notifications issued by that Authority will be addressed
only to that additional person. A separate power of attorney
must be filed with the Authority specified for supplementary
search, the International Bureau or the receiving Office, if the
person appointed at the time the supplementary search request
is filed (i.e., was not appointed earlier) signs the supplementary
search request on behalf of the applicant (Rule 90.4).
Agent’s registration number with the Office: Where the
agent is registered with the national or regional Office that is
acting as Authority specified for supplementary search, the
supplementary search request may indicate the number or other
indication under which the agent is so registered.
Box No. IV
Language for the supplementary international search:
The language for the purposes of supplementary international
search should be indicated in Box No. IV and it should be
specified whether that language is that of the international
application as filed, the language of the translation furnished for
the purposes of international search (Rule 12.3), the language of
the translation furnished for the purposes of publication of the
international application (Rule 12.4) and/or the language of the
translation to be furnished for the purposes of supplementary
international search.
Where neither the language in which the international
application was filed nor that in which a translation (if any) has
been furnished under Rule 12.3 or 12.4 is accepted by the
Authority specified for supplementary search, a translation of
the international application into a language which is accepted
by that Authority must be furnished with the supplementary
search request.
Limitation of the supplementary international search to
certain claims: The check-box should be marked where the
International Searching Authority has found that the international
application does not comply with the requirement of unity of
invention and the applicant wishes to limit the supplementary
international search to one of the inventions as identified by the
International Searching Authority other than the main invention
referred to in Article 17(3)(a). The claims relating to the invention
selected and, where applicable, the number of the invention as
identified by the International Searching Authority, should be
indicated in the space provided. Note that where the international
search report is available to the Authority specified for
supplementary search before it starts the search, the Authority
may exclude from the supplementary search any claims which
were not the subject of the international search (Rule 45bis.5(d)).
Box No. V
Check list: It is recommended that this Box be filled in
carefully in order for the Authority specified for supplementary
search to determine, as soon as possible, whether it is in
possession of the documents on the basis of which the applicant
wishes supplementary international search to start. Where a
translation of the international application must be furnished for
the purposes of supplementary international search
(Rule 45bis.1(c)(i)), check-Box No. 1 should be marked.
Where the international application contains disclosure of
one or more nucleotide and/or amino acid sequences, and a copy
of the sequence listing in electronic form complying with the
standard provided for in the Administrative Instructions is
required by the Authority specified for supplementary search,
the applicant should preferably furnish the listing in electronic
form to the International Bureau with the supplementary search
request (Rule 45bis.1(c)(ii)). If this is the case, check-box No.6
should be marked.
E- mail address (see Notes to Box. No. II)
Box No. VI
Address for correspondence Where an agent is appointed,
any correspondence intended for the applicant will be sent to the
address indicated for that agent (or for the first-mentioned agent,
if more than one is appointed). Where one of two or more
applicants is appointed as common representative, the address
indicated for that applicant in Box No. III will be used. Where no
agent or common representative is appointed, any correspondence
will be sent to the address, indicated in Box No.II, of the applicant.
However, if the applicant wishes correspondence to be sent to a
different address in such a case, that address may be indicated in
Box No.III instead of the designation of an agent or common
representative. In this case, and only in this case, the last checkbox
of Box No. III must be marked (that is, the last check-box must not
be marked if either of the check-boxes “agent” or “common
representative” in Box No. III has been marked).
Signature of applicant, agent or common representative
(Rules 92.1, 90.3(a) and 90.4(a) and (d)): The supplementary
search request must be signed by one of the applicants or by the
agent (Rule 90.2(a) or (b)).
Important: Should a notice of withdrawal of the
supplementary search request be filed, that notice will have
to be signed by the applicant or, if there are two or more
applicants by all of them (Rule 90bis.5(a)), or by an agent or
a common representative whose appointment has been
effected by each applicant signing, at his choice, the request,
the request for supplementary search, the demand or a
separate power of attorney (Rule 90.4(a)).
Notes to the supplementary search request (PCT/IB/375) (page 2) ( January 2009)
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PCT
FEE CALCULATION SHEET
Annex to the supplementary search request
For International Bureau use only
AUTHORITY
International
application No.
Applicant’s or agent’s
file reference
Date stamp of the International Bureau
Applicant
CALCULATION OF PRESCRIBED FEES
SS
1. Supplementary search fee ...........................................
SH
2. Supplementary search handling fee ............................
0.00
3. Total of prescribed fees ..............................................
TOTAL
MODE OF PAYMENT
authorization to charge current account with the International Bureau (see below)
cheque
postal money order
bank transfer
credit card (details should not be indicated here but furnished to the International
Bureau on Form PCT/IB/380)
AUTHORIZATION TO CHARGE (OR CREDIT) CURRENT ACCOUNT WITH INTERNATIONAL BUREAU
Current Account No.: ___________________________
Authorization to charge the total fees indicated above.
Authorization to charge any deficiency or credit any
overpayment in the total fees indicated above.
Date: ________________________________________
Name: _______________________________________
Signature: ____________________________________
Form PCT/IB/375 (Annex) (January 2009)
See Notes to the fee calculation sheet
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NOTES TO THE FEE CALCULATION SHEET
(ANNEX TO FORM PCT/IB/375)
The purpose of the fee calculation sheet is to help the applicant to identify the prescribed fees and to calculate the amounts to
be paid. It is strongly recommended that the applicant complete, by entering the appropriate amounts in the boxes provided, and
submit the fee calculation sheet at the time of filing of the supplementary search request. This will help the International Bureau to
verify the calculations and to identify any error in them.
CALCULATION OF PRESCRIBED FEES
Two fees must be paid for supplementary international
search:
(i) the supplementary search fee for the benefit of the
Authority specified for supplementary search
(Rule 45bis.3);
(ii) the supplementary search handling fee for the benefit of
the International Bureau (Rule 45bis.2).
Both fees must be paid to the International Bureau within
one month from the date on which the request for supplementary
search was received. Payments of the fees can only be accepted
in Swiss francs. The amount payable shall be the amount
applicable on the date of payment.
Information as to the amount of those fees can be obtained
from the International Bureau. This information is also published
in the PCT Applicant’s Guide, Annex SISA, the PCT Newsletter
and in Official Notices (PCT Gazette).
The fee reduction will be available even if one or more of
the applicants are not from PCT Contracting States, provided
that each of them is a national and resident of a State that meets
the above-mentioned requirements and that at least one of the
applicants is a national or resident of a PCT Contracting State
and thus is entitled to file an international application.
Information about PCT Contracting States whose nationals
and residents are entitled to a reduction of 90% of certain PCT
fees, including the supplementary search handling fee, is
contained in the PCT Applicant’s Guide, Annex C and on the
WIPO website (see www.wipo.int/pct/en/), and is also published
in the Official Notices (PCT Gazette) and the PCT Newsletter.
Calculation of the supplementary search handling fee in
case of fee reduction: Where the applicant is (or all applicants
are) entitled to a reduction of the supplementary search handling
fee, the total to be entered in Box SH is 10% of the supplementary
search handling fee.
Total Box (item 3): the total of the amounts inserted in
Boxes SS and SH is the amount which must be paid to the
International Bureau.
Box SS: The amount of the supplementary search fee must
be entered in Box SS.
Box SH: The amount of the supplementary search handling
fee must be entered in Box SH.
Reduction of the supplementary search handling fee for
applicants from certain States: An applicant who is a natural
person and who is a national of and resides in a State whose per
capita national income is below 3,000 US dollars (according to
the average per capita national income figures used by the
United Nations for determining its scale of assessments for the
contributions payable for the years 1995, 1996 and 1997), or
who is a national of and resides in one of the following States:
Antigua and Barbuda, Bahrain, Barbados, the Libyan Arab
Jamahiriya, Oman, the Seychelles, Singapore, Trinidad and
Tobago and the United Arab Emirates; or an applicant, whether
a natural person or not, who is a national of and resides in a State
that is classed as a least developed country by the United
Nations, is entitled, in accordance with the Schedule of Fees, to
a reduction of 90% of certain PCT fees including the
supplementary search handling fee. If there are several
applicants, each must satisfy the above-mentioned criteria. The
reduction of the supplementary search handling fee will be
automatically available to any applicant (or applicants) who is
(or are) so entitled on the basis of the indications of name,
nationality and residence given in Box No. II of the
supplementary search request.
MODE OF PAYMENT
In order to help the International Bureau identify the mode
of payment of the prescribed fees, it is recommended to mark
the applicable check-box(es). Credit card details should not be
furnished with the request for supplementary search but on
Form PCT/IB/380 which can be obtained from the WIPO
website (see www.wipo.int/pct/en/forms/ib/ib380.pdf).
AUTHORIZATION TO CHARGE (OR CREDIT)
CURRENT ACCOUNT
This mode of payment is only available if a current account
has been opened with the International Bureau. Information on
how to open such an account with the International Bureau can
be found on WIPO’s website: www.wipo.int/pct/en/filing/
account.htm. Any current account with the receiving Office
cannot be charged for the purpose of paying the supplementary
search fee and the supplementary search handling fees due to
the International Bureau.
The International Bureau will not charge fees to current
accounts unless the current account authorization is signed and
indicates the current account number.
Notes to the fee calculation sheet (Annex to Form PCT/IB/375) (January 2009)
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