19E of the Patents explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 19A to 19E make the Patent Office, Delhi branch the Indian International Searching Authority under the Patent Cooperation Treaty and set out how it handles an international application it has to search: what it notifies, how fast it refers the file, when it declines to search, how it deals with lack of unity of invention and protests, the overall time limit, transmittal of the report and confidentiality.
The Delhi branch performs the functions of the Indian International Searching Authority under an agreement between the Indian Patent Office and the International Bureau (rule 19A(1)). The search is referred to an examiner and ordinarily completed within one month but not exceeding two months from reference (rule 19B(2)). The report and written opinion are due within three months from receipt of the search copy, or nine months from the priority date, whichever expires later (rule 19C). The report goes to the International Bureau and the applicant on the same day (rule 19D), and all matters are kept confidential (rule 19E).
Rule 19A: the Indian International Searching Authority
- Sub-rule (1). The Patent Office, Delhi branch shall perform the functions of the Indian International Searching Authority under the Treaty in accordance with an agreement between the Indian Patent Office and the International Bureau.
- Sub-rule (2). The fees payable to the Searching Authority shall, in addition to the fees specified in the regulations made under the Treaty, be the fees as specified in the Fifth Schedule.
- Sub-rule (3). The Searching Authority shall establish the international search report in respect of international applications or, as the case may be, make the declaration under sub-rule (3) of rule 19B, in cases where India has been indicated as the competent International Searching Authority.
The Fifth Schedule is named in the contents of the Rules but is not printed in the sources used for this series, so no amounts are stated here. How an international application reaches the Searching Authority is covered in our article on rules 17 to 19: the receiving office sends the "search copy" to the competent authority. For the Act side, see our article on section 2 (Convention, PCT, priority date and interpretation).
Before an international application is filed, a prior-art check can show how the search is likely to go; our patent search and prior art service covers that.
Rule 19B: the international search report
Receipt and referral (sub-rules (1) and (2))
On receipt of the search copy, the Searching Authority notifies the International Bureau and the applicant of the receipt, with the identification mark 'ISA/IN', the international application number and its serial number and the date of receipt of the search copy.
Notwithstanding the proviso to item (i) of sub-rule (2) of rule 24B, the Searching Authority shall refer the international application, in the order in which the search copy was received, to an examiner or other officer appointed under section 73(2) of the Act for preparing an international search report, in accordance with the Treaty and regulations, ordinarily within one month but not exceeding two months from the date of that reference. The rule does not say from what event the earlier period is counted other than "the date of such reference"; the overall outer limit is in rule 19C.
Declaration that no report will be established (sub-rule (3))
If the Searching Authority considers that (a) the application relates to subject matter it is not required to search and decides not to search, or (b) the description, claims or drawings fail to comply with the regulations to such an extent that a meaningful search cannot be carried out, it shall so declare and notify the applicant and the International Bureau that no international search report shall be established.
Part of the claims only (sub-rule (4))
Where a situation in (a) or (b) exists for certain claims only, the Authority shall indicate this in the report in respect of those claims, and establish the report for the others.
Unity of invention and additional fees (sub-rules (5) and (6))
If the Searching Authority considers that the application does not comply with unity of invention, in accordance with rule 13 of the regulations under the Treaty, it shall send a notice stating the reasons and inviting the applicant:
- (a) to pay the additional fees specified in the Fifth Schedule, with the amount indicated, within one month from the date of the invitation; and
- (b) to pay, where applicable, the protest fee specified in the Fifth Schedule, with the amount indicated, within one month from the date of the invitation.
The report is then established on the parts relating to the invention first mentioned in the claims (the "main invention") and, subject to payment of additional fees within that period, on the parts relating to inventions for which the additional fees were paid.
Protest and Review Committee (sub-rules (7) to (11))
- (7) Any applicant may pay additional fees under protest, accompanied by a reasoned statement that the application complies with unity of invention or that the additional fees required are excessive.
- (8) A Review Committee constituted by the Controller examines the protest.
- (9) The Review Committee examines the extent to which the protest is justified and orders total or partial reimbursement of the additional fee.
- (10) If the protest fee has not been paid as required by clause (b) of sub-rule (5), the protest is considered not to have been made and the Authority so declares.
- (11) The protest fee is refunded where the Review Committee finds the protest entirely justified.
Sequence listing (sub-rule (12))
If the international application discloses one or more nucleotide or amino acid sequences and they are not furnished in computer-readable text format, the Searching Authority sends a notice to submit the sequence listing in that format and pay the late furnishing fee in the Fifth Schedule within one month from the notice. If the applicant fails to comply, the Authority searches to the extent a meaningful search can be carried out without the listing.
Anyone preparing an international application with a sequence listing should therefore file it in computer-readable text format from the start; see also rule 9(3) in our article on rules 8 and 9.
Rule 19C: time limit
The Searching Authority shall establish the International Search Report and written opinion, or the declaration under rule 19B(3), within three months from the date of receipt of the search copy, or nine months from the date of priority, whichever expires later.
Rule 19D: transmittal
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.1 of the regulations under the Treaty, to the International Bureau and one copy to the applicant, on the same day.
Rule 19E: confidential treatment
All matters pertaining to international applications shall be kept confidential in accordance with the Treaty and the regulations under the Treaty.
| Rule | What it fixes | Period or point |
|---|---|---|
| 19A | Delhi branch as Indian ISA | Under agreement with the International Bureau |
| 19B(2) | Referral to examiner | Ordinarily one month, not exceeding two months from reference |
| 19B(5) | Additional fees and protest fee | One month from the invitation |
| 19B(12) | Sequence listing in text format | One month from the notice |
| 19C | Report and written opinion | Three months from receipt of search copy or nine months from priority date, whichever later |
| 19D | Transmittal | Same day to the International Bureau and the applicant |
| 19E | Confidentiality | As per the Treaty and regulations |
A worked example
Quanta Fluidics files an international application in India that claims a pump and a separate sensor, and designates India as the competent authority. The Delhi branch notifies the International Bureau and the applicant with the mark ISA/IN. If the Authority finds that the two inventions lack unity, it sends a notice and gives one month to pay additional fees; Quanta pays for the sensor invention under protest with a reasoned statement. The Review Committee examines the protest and may order total or partial reimbursement of the additional fee, and refunds the protest fee if the protest was entirely justified. The report and written opinion go to the International Bureau and Quanta on the same day.
A note on cross-references
Rule 19B(2) refers to "the proviso to item (i) of sub-rule (2) of rule 24B". See our article on rule 24B for that rule as it now stands after the 2024 amendment; read the cross-reference against the current text of rule 24B.
Search tools and the search report
An international search report lists documents the examiner found relevant. If you want a wider look at the prior art for your own decision-making, see our guide to searching Indian and global databases.
Need help with the search stage?
Preparing for an international search, responding to a unity of invention invitation or deciding whether to pay under protest all involve short deadlines. You can talk to us about patent search and prior art support before the search copy reaches the Authority.
Key takeaways
- The Delhi branch is the Indian International Searching Authority; fees are per the Fifth Schedule, which is not in the sources consulted.
- Referral to an examiner is ordinarily within one month, not exceeding two.
- Lack of unity leads to a notice, with one month to pay additional fees and any protest fee.
- A Review Committee decides protests and may order reimbursement.
- The report is due within three months of receipt of the search copy or nine months from priority, whichever is later.
- The report and written opinion go to the International Bureau and the applicant on the same day.
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rules 17 to 19: PCT definitions, appropriate office and international applications
- Rules 19F to 19J: preliminary examining authority and demand
- PCT route for filing international patent applications
- Patent search guide: Indian and global databases
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.