PCT Article 15 — – The International Search (MPEP Coverage Index) – BlueIron IP
PCT Article 15 – The International Search
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 15, including 11 rules 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.
Summary
The – The International Search is a procedural step in the PCT application process where ISA conducts an international search to identify relevant prior art.
What this section covers
- This section covers the procedural steps involved in conducting an international search for PCT applications, including the role of ISA and key obligations.
Key obligations
- Practitioners must ensure the international search is conducted by ISA within a specified timeframe after receipt of the international application.
- An additional requirement is to prepare and communicate a written opinion on the patentability of the invention.
Practice notes
- Ensure all claims are clearly and concisely presented in the international application to facilitate an accurate search by ISA.
- Avoid making assumptions about the scope of ISA's search, as it is based on the information provided in the application.
Official MPEP § 15 — – The International Search
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 15 – The International Search
- (1) Each international application shall be the subject of international search.
- (2) The objective of the international search is to discover relevant prior art.
- (3) International search shall be made on the basis of the claims, with due regard to the description and the drawings (if any).
- (4) The International Searching Authority referred to in Article 16 shall endeavor to discover as much of the relevant prior art as its facilities permit, and shall, in any case, consult the documentation specified in the Regulations.
- (5)
- (a) If the national law of the Contracting State so permits, the applicant who files a national application with the national Office of or acting for such State may, subject to the conditions provided for in such law, request that a search similar to an international search (international-type search) be carried out on such application.
- (b) If the national law of the Contracting State so permits, the national Office of or acting for such State may subject any national application filed with it to an international-type search.
- (c) The international-type search shall be carried out by the International Searching Authority referred to in Article 16 which would be competent for an international search if the national application were an international application and were filed with the Office referred to in subparagraphs (a) and (b). If the national application is in a language which the International Searching Authority considers it is not equipped to handle, the international-type search shall be carried out on a translation prepared by the applicant in a language prescribed for international applications and which the International Searching Authority has undertaken to accept for international applications. The national application and the translation, when required, shall be presented in the form prescribed for international applications.
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- Pct Amendments Article 19
- Pct Filing
- Pct International Preliminary Examination
- Pct International Search
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1840 | |
| MPEP § 1843 | |
| MPEP § 1843.01 |