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The examiner is not required to perform an international search on claims which relate to any of the following subject matter:
(A) Scientific and mathematical theories;
(B) Plant or animal varieties or essentially biological processes for the production of plants and animals, other than microbiological processes and the products of such processes;
(C) Schemes, rules or methods of doing business, performing purely mental acts or playing games;
(D) Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods;
(E) Mere presentation of information; and
(F) Computer programs to the extent that the Authority is not equipped to search prior art concerning such programs.
See PCT Rule 39. In addition, the examiner is not required to search the international application, to the extent that a meaningful search cannot be carried out, in certain cases where a nucleotide and/or amino acid sequence listing is not furnished in accordance with the prescribed standard or in a computer readable form. See PCT Administrative Instructions Section 513(c). However, the U.S. Patent and Trademark Office has declared that it will search and examine all subject matter searched and examined in U.S. national applications. If none of the claims are required to be searched, the examiner will declare that no search report will be established using form PCT/ISA/203. It should, nevertheless, be noted that the lack of an international search report in such a case does not, in itself, have any influence on the validity of the international application, the processing of which, including its communication to the designated Offices, continues.
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