International preliminary examination
International preliminary examination
BOX NO. The determination or statement should be made on each of the three criteria taken separately. See subsection VII. If the examiner considers any of the amendments to go beyond the original disclosure, or they were not accompanied by a letter indicating the basis for the amendment in the application as filed, the examiner must point this out in Box No. The PCT system can also be used to manage risk. The priority date for the purposes of computing time limits is defined in PCT Article 2 xi. A demand for international preliminary examination must be filed prior to the expiration of whichever of the following periods expires later: A three months from the date of transmittal to the applicant of the international search report and the written opinion; or B 22 months from the priority date. Alternatively, where an applicant requires more than a few countries, it is more common to file a Patent Cooperation Treaty PCT patent application and claim priority. The Office, either sua sponte or on petition, may also provide access or copies of all or part of an application if necessary to carry out an Act of Congress or if warranted by other special circumstances. A top-up search is to find prior art which recently became available, which is not the same as additional search required as a result of a claim amendment to present additional features not previously claimed. Any negative holding as to lack of industrial applicability must be fully explained.
Visegrad Patent Institute XV. Another situation is when the IPEA considers that the documents cited in the International Search Report are sufficient to show there is lack of novelty on the entire subject matter.
Pct response to written opinion
Objective of IPRP Chapter II: to formulate a preliminary and non-binding opinion on the question as to whether the claimed invention appears to be novel, to involve an inventive step to be not obvious , and to be industrially applicable. The month time limit to file a demand in order to postpone the time limit to enter the national phase from 20 to 30 months continues to apply in respect of States, which have notified the International Bureau that they will not apply the month time limit under Chapter I. For annexes to be sent to the International Bureau only, an indication must be made regarding the total of the type and number of electronic carrier s containing a sequence listing, in electronic form only, as indicated in the Supplemental Box Relating to Sequence Listing see paragraph 3bis of Annex C of the PCT Administrative Instructions. A secondary objective is to identify whether there appear to be any defects in the form or content of the international application, for example with regard to clarity claims, description, drawings , whether the claims are fully supported by the description, or whether there are multiple inventions claimed lack of unity of invention. The content of this article is general in nature and must not be relied on in lieu of advice from a qualified professional in respect of your particular circumstances. A top-up search should be performed in all Chapter II examination, except where the examiner considers performing a top-up search would serve no useful purpose. First, a PCT application may be published earlier if the applicant requests early publication. The procedure is the same as the procedure for search report citations. Box No. New matter which appears on a replacement sheet will be disregarded for the purpose of establishing the report.
May several check-boxes be marked in Box No. The purpose is to discover any intermediate prior art not available during the international search, i. In the case where additional fees were paid under protest, the text of the protest, together with the decision thereon, must be annexed to the report by International Application Processing Division IPEA personnel if the applicant has so requested.
The appropriate fees, i. Amendments under PCT Article 19 which have been considered as reversed by an amendment under PCT Article 34 are not annexed to the report; neither are the letters which accompany replacement sheets. The examiner must specify that the report has not been established because: A the application relates to subject matter which does not require international preliminary examination; B the description, claims or drawings are so unclear that no meaningful opinion could be formed; C the claims are so inadequately supported by the description that no meaningful opinion could be formed; D no international search report has been established for the claims. It is to be noted that since, under Rule The top-up search should be differentiated from additional search. Time limit for filing the demand The applicant shall file the demand with the competent International Preliminary Examining Authority before the expiration of the later of the following time limits: three months from the date of transmittal to the applicant of the international search report and written opinion established under Rule 43bis. Where the applicant wishes amendments which have previously been made under Article 19 to be taken into account, a copy of the amendments, and any statement accompanying such amendments, should be attached to the demand.
It is to be noted that since, under Rule The U. However, any national law may fix time limits which expire later than 30 months.
However, if a first replacement sheet is acceptable and a second replacement sheet for the same numbered sheet contains subject matter that goes beyond the original disclosure of the application as filed, the second replacement sheet supersedes the first replacement sheet, but both the first and second replacement sheets shall be attached to the international preliminary examination report.
based on 112 review