What is the significance of the International Preliminary Examination Report (IPER) in national stage examination?
The International Preliminary Examination Report (IPER) plays an important role in the national stage examination. According to the MPEP, “The examiner may adopt any portion or all of the report on patentability of the IPEA or ISA upon consideration in the national stage so long as it is consistent with U.S. practice. The first Office action on the merits should indicate the report on patentability of the IPEA or ISA has been considered by the examiner.” The IPER provides a non-binding opinion on novelty, inventive step, and industrial applicability, which can serve as a useful starting point for the U.S. examiner. Additionally, the IPER may include annexes showing amendments made during the international phase, which are important for determining the version of the application to be examined in the national stage.
To learn more: