When is international preliminary examination not required?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 3 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. International preliminary examination may not be required in certain instances, as outlined in MPEP 1874 . Specifically: When the subject matter claimed is not within the scope of what the International Preliminary Examining Authority is required to examine under the Regulations. When the description, claims, or drawings are so unclear that no meaningful opinion can be formed on novelty, inventive step, or industrial applicability. When the claims are inadequately supported by the description. The MPEP states: “If it is found that certain claims of an international application relate to subject matter for which no international preliminary examination is required, check the appropriate box on a Form PCT/IPEA/408 or a Form PCT/IPEA/409, as appropriate.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Not Requiring International Preliminary Examination Must Be Marked MPEP 1874 Required Claims Must Be Supported by Clear Description MPEP 1874 Recommended Reasons for Lack of Novelty, Inventive Step, or Industrial Applicability Must Be Given MPEP 1845.01 Required Conclusion Statement for Novelty, Inventive Step, and Industrial Applicability Must Be Accompanied by Supporting Citations and Explanations MPEP 1879 Required Claims Must Be Definite for Examination MPEP 1874 Required Explanations Must Point to Novelty, Inventive Step, and Industrial Applicability MPEP 1879 Required Claims Must Have Industrial Applicability but Lack Novelty and Inventive Step MPEP 1845.01 Inventive Step Determination Using Applicant Acknowledgments MPEP 1843.01 Recommended Provisional Application Must Adequately Support Claims MPEP 211.05 Claims of Continuation-In-Part Must Not Read on...