What is the purpose of a top-up search in international preliminary examination?
A top-up search is conducted by the International Preliminary Examining Authority (IPEA) to identify additional prior art that has been published or become available after the establishment of the international search report. The main purpose is to discover intermediate prior art, such as patent applications published after the filing or valid priority date of the international application but having an earlier filing or priority date.
According to the MPEP, 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.
This ensures that the examination takes into account the most recent and relevant prior art.
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