How can an applicant request consideration of an earlier search in a PCT application?

To request consideration of an earlier search in a PCT application, the applicant must follow these steps:

1. Indicate in the PCT request form that they wish the International Searching Authority (ISA) to take into account the results of an earlier search.
2. Specify the Authority or Office that conducted the earlier search.
3. Identify the application for which the earlier search was carried out.

According to MPEP 1819, which cites PCT Rule 4.12:

“The request shall so indicate and shall specify the Authority or Office concerned and the application in respect of which the earlier search was carried out.”

Additionally, applicants should use Box No. VII of the PCT request form to provide the following information about the earlier application(s):

• Filing date
• Application number
• Country or regional Office

By providing this information, applicants enable the ISA to consider the results of the earlier search, potentially improving the efficiency and quality of the international search for their current PCT application.

To learn more:

• PCT Request Form
• Earlier Search Request
• International Search
• Patent Application Procedure