What is the International Preliminary Report on Patentability (IPRP) and how is it used in national stage examination?

The International Preliminary Report on Patentability (IPRP) is a non-binding opinion on novelty, inventive step, and industrial applicability of an international application. There are two types:

1. Chapter I IPRP: Prepared by the International Searching Authority (ISA) if no demand for international preliminary examination is filed.
2. Chapter II IPRP: Prepared by the International Preliminary Examining Authority (IPEA) if a demand is filed, also known as the International Preliminary Examination Report (IPER).

Regarding its use in national stage examination, the MPEP states: “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.“

To learn more:

• IPRP
• International Preliminary Report on Patentability
• National Stage Examination
• PCT Procedure