What is the process for taking into account results of earlier searches in PCT applications?
The process for taking into account results of earlier searches in PCT applications involves the following steps:
- The applicant must request the International Searching Authority (ISA) to consider earlier search results under PCT Rule 4.12.
- The applicant must comply with PCT Rule 12bis.1 regarding the submission of earlier search results.
- The ISA will review the earlier search results to the extent possible.
As stated in MPEP 1852: “It is emphasized that when taking into account the results of an earlier search, the examiner is not bound by the results of the earlier search.” The process typically involves a cursory review of the provided results, followed by a more comprehensive inspection of the cited references if warranted.
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