What are the requirements for submitting earlier search results in a PCT application?
When submitting earlier search results in a PCT application, the following requirements must be met: The applicant must request the International Searching Authority to take into account the results of an earlier search under PCT Rule 4.12. The applicant must comply with PCT Rule 12bis.1 regarding the submission of documents. A copy of the earlier…
Read MoreHow does an applicant request the use of earlier search results in a PCT application?
An applicant can request the use of earlier search results in a PCT application by following these steps: Include the request in Box No. VII of the PCT Request form. Comply with PCT Rule 4.12 and Rule 12bis.1. Indicate in Box No. VII whether certain documents relating to the earlier search are available to the…
Read MoreWhat documents must be submitted when requesting consideration of an earlier search?
When requesting consideration of an earlier search in a PCT application, the applicant generally needs to submit certain documents. According to MPEP 1819, which cites PCT Rule 12bis.1(a): “The applicant shall, subject to paragraphs (c) to (f), submit to the receiving Office, together with the international application, a copy of the results of the earlier…
Read MoreAre there any exceptions to submitting copies of earlier search results or applications?
Yes, there are several exceptions to the requirement of submitting copies of earlier search results or applications when requesting consideration of an earlier search in a PCT application. According to MPEP 1819, which cites PCT Rule 12bis.1, the following exceptions apply: Same Office Exception: “Where the earlier search was carried out by the same Office…
Read MoreHow does an examiner indicate the use of earlier search results in an international search report?
When an examiner takes into account the results of an earlier search while preparing an international search report, there is no specific requirement to indicate this in the report. According to MPEP 1852: “The forms used in preparing the international search report do not provide for indicating either that the results of an earlier search…
Read MoreWhat is the process for taking into account results of earlier searches in PCT applications?
The process for taking into account results of earlier searches in PCT applications involves the following steps: The applicant must request the International Searching Authority (ISA) to consider earlier search results under PCT Rule 4.12. The applicant must comply with PCT Rule 12bis.1 regarding the submission of earlier search results. The ISA will review the…
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