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PART IX INTERNATIONAL-TYPE SEARCHES

126. Conditions

(1) An international-type search within the meaning of Article 15(5) of the Patent Cooperation Treaty may be requested in respect of a Swiss patent application.

(2) The request shall be filed with the Institute within six months following the filing date. The international search fee, the amount of which is fixed by the International Searching Authority competent for Switzerland, shall be paid at the same time.

(3) If the language in which the patent application is drafted is not a working language of the International Searching Authority competent for Switzerland, a translation in a working language shall be filed at the same time.

(4) The Institute shall not examine whether the patent application and the translation meet the other conditions specified in the Patent Cooperation Treaty, in particular the requirements of form valid for international applications.

(5) The international-type search shall be carried out on the basis of amended technical documents if:

(a) the applicant so requests within six months following the filing date;
(b) the amended technical documents had been submitted to the Institute within six months following the filing date;
(c) the amended technical documents satisfy the conditions set out in Articles 51 and 64;
(d) the applicant has requested that the substantive examination be carried out under the accelerated procedure and the Institute has set the operative filing date for the search.

(6) Amendments to the technical documents may no longer be taken into consideration for carrying out the requested search after the request for the performance of an international-type search within the meaning of subsections (1) to (5) has been submitted.

127. Procedure

(1) If the conditions specified in Article 126(1) to (3) are met, the Institute shall send the required documents to the International Searching Authority that is competent.

(2) The Institute shall send the search report to the applicant together with copies of the documents that are mentioned therein; a copy shall be included in the file of the patent application.

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