What are the major functions of the International Preliminary Examining Authority?

The International Preliminary Examining Authority (IPEA) has several key functions in the patent examination process under the Patent Cooperation Treaty (PCT). According to 37 CFR 1.416(c) in MPEP 1862, the major functions include:

1. Receiving and checking for defects in the Demand
2. Forwarding Demands in accordance with PCT Rule 59.3
3. Collecting fees (handling fee for the International Bureau and preliminary examination fee for the IPEA)
4. Informing applicant of receipt of the Demand
5. Considering the matter of unity of invention
6. Providing an international preliminary examination report
7. Transmitting the international preliminary examination report to the applicant and the International Bureau

Notably, the international preliminary examination report is described as “a nonbinding opinion on the questions whether the claimed invention appears to be novel, to involve inventive step (to be nonobvious), and to be industrially applicable.”

To learn more:

• IPEA functions
• PCT
• patent examination
• preliminary examination report