Attachment 2b_isa203_instructions.pdf

Attachment 2 – rev 4 17 05 1

Attachment 2 - Instructions on Completing Form PCT/ISA/203 (Form 203)

On very rare occasions none of the claims is searchable. Therefore, instead of issuing an

International Search Report (Form 210), the Contractor will prepare Form 203 where any of the following conditions exist:

1. All of the claims are directed to subject matter that the USPTO would not search in a US application. See MPEP sections 706.03(a), 2105 and 2106 for information on subject matter that is not considered patentable by the USPTO. Additionally note that methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods will be subject to search.

2. All of the claims are so poorly supported by the disclosure that no meaningful search can be made.

3. All of the claims are directed to specific amino acid and/or nucleotide sequences where the applicant did not provide a sequence listing in computer readable form in response to an invitation to do so, or where the computer readable form filed in response to an invitation is defective and therefore no meaningful search can be conducted on the claimed invention(s).

203-1 Enter the applicant’s or agent’s file reference number.

The file reference number is found on the PCT Request in data field 3. If nothing is indicated in data field 3, leave this space blank.

203-2 Leave this space blank.

203-3 Enter the international application number exactly as indicated on the PCT

Request in data field 1.

203-4 Enter the international filing date exactly as it appears on the PCT Request in data field 2.

203-5 Enter the earliest priority date claimed by applicant that falls within a period of 12 months preceding the international filing date.

The priority claims are found in Box No. VI of the PCT Request in data fields

12a, 13a, and 14a. Note that additional priority claims will be indicated on the Supplemental Box as a continuation of Box No. VI in data field underneath data field 14a.

If the 12-month date falls on a Saturday, Sunday or a day that the USPTO was closed for business, applicant can file the international application on the next subsequent day in which the USPTO is open for business and validly claim priority to the earlier application. Therefore, in certain circumstances, priority may be claimed to an application that was filed slightly more than 12 months before the international filing date.

203-6 Enter the classification of the claimed inventions in the application according to

International Patent Classification and the US Classification. See section C.4.4.1.

of the Statement of Work for further information.

203-7 Enter the applicant's name exactly as it appears in Box No. II of the PCT Request

Attachment 2 – rev 4 17 05 2 in data field 5.

203-8 Enter an “X”where no international search report will be established because the claims relate to subject matter that the International Searching Authority does not search.

Claims directed to inventions that would be searched by the USPTO in a national application will be searched in an international application before the ISA/US. See MPEP sections 706.03(a), 1843.02, 2105 and 2106 and Chapter 9 of the PCT International Search and Preliminary Examination Guidelines (ISPE), especially paragraphs 9.01-9.16, A9.07[1] and A9.15[1] . A copy of the ISPE is posted on the Internet at http://www.wipo.int/pct/en/texts/gdlines.htm.

Enter an “X” in any of boxes 203-8a through 203-8m that apply.

203-9 Enter an “X” where no international search report will be established because no meaningful search can be carried because the international application does not comply with prescribed requirements.

This box will be marked where the international application cannot be understand because the description, the claims and/or drawings are so defective that no meaningful search can be carried out. See paragraph 9.19 of the ISPE.

203-10 Enter an “X” where the description is so defective that it does not disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.

203-11 Enter an “X” where the claims are so defective that they do not define the matter for which protection is sought, the claims are not fully supported by the description.

203-12 Enter an “X” where the drawings are so defective that they do not illustrate the invention in such a way that allows for its understanding.

203-13 Enter an “X” where the claims are held to be unsearchable because of a defective sequence listing.

Where any nucleotide and/or amino acid sequence is disclosed in an international application, the international application should include a separate sequence listing part of the description complying with the standard provided for in the Annex C of the PCT Administrative Instructions. The sequence listing part of the description should have been filed in a “written format” together with a computer readable form, which is used as a search tool. The “written format” may be on paper or on electronic medium. The USPTO will provide the Contractor with the written format and the computer readable form of the sequence listing together with the PCT application.

The USPTO will issue an Invitation to Furnish a Sequence Listing, form

PCT/ISA/225 (Form 225), where nucleotide and/or amino acid sequences are disclosed in an international application but where either the written format or computer readable form of the sequence listing is not provided, or where the written format or computer readable form of the sequence listing provided by applicant does not comply with the standard provided for in Annex C of the PCT http://www.wipo.int/pct/en/texts/gdlines.htm

Attachment 2 – rev 4 17 05 3

Administrative Instructions.

A copy of applicant’s response to Form 225 will be placed in the file before the file is sent to the Contractor. .

203-14 Enter an “X” where applicant did not furnish the sequence listing on paper complying with the standard provided for in Annex C of the Administrative Instructions and such sequence listing was not available to the ISA in a form and manner acceptable to it.

The Contractor will mark this box where applicant either failed to provide a paper copy of the sequence listing in response to the Form 225 or where the response to Form 225 was defective.

203-15 Enter an “X” where the applicant did not furnish the sequence listing in electronic form complying with the standard provided for in Annex C of the Administrative Instructions and such sequence listing was not available to the ISA in a form and manner acceptable to it.

The Contractor will mark this box where applicant either failed to provide a paper copy of the sequence listing in response to the Form 225 or where the response to Form 225 was defective.

203-16 Do not mark this box.

203-17 Do not mark this box.

203-18 Do not mark this box.

203-19 Field will be populated by USPTO.

203-20 Field will be populated by USPTO.

203-21 Field will be populated by USPTO.

203-22 Leave this box blank.