What is the International Preliminary Examination Report (IPER)?
The International Preliminary Examination Report (IPER), also known as the International Preliminary Report on Patentability (Chapter II of the Patent Cooperation Treaty), is a document established on Form PCT/IPEA/409. As stated in the MPEP, “The international preliminary examination report contains, among other things, a statement (in the form of simple “yes” or “no”), in relation…
Read MoreHow does the USPTO handle the receipt of international preliminary examination reports?
According to MPEP 1881, the USPTO handles the receipt of international preliminary examination reports as follows: “The international preliminary examination report received by the USPTO will also be included in the national stage file.“ This means that when an application enters the national stage at the USPTO, the international preliminary examination report becomes part of…
Read MoreWhat are the time limits for establishing the international preliminary examination report?
The time limits for establishing the international preliminary examination report (IPER) are specified in MPEP 1860 and PCT Rule 69.2. According to the MPEP: “The time limit for establishing the international preliminary examination report is the latest of:(A) 28 months from the priority date;(B) 6 months from the time provided under PCT Rule 69.1 for…
Read MoreWhat are the main sections of the International Preliminary Examination Report (IPER)?
The International Preliminary Examination Report (IPER) consists of several main sections as outlined in MPEP 1879: Cover sheet (Form PCT/IPEA/409): Contains bibliographic data and classifications. Basis of the report: Indicates which documents form the basis for the examination. Box No. I: States whether the report has been established. Box No. II: Contains any observations on…
Read MoreWhat languages are used for the international preliminary examination report?
The international preliminary examination report is established in one of the following languages: Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian, or Spanish. This is based on the language in which the international application was filed or translated. As stated in MPEP 1879.03: “The written opinion established by the International Searching Authority and the…
Read MoreWhat is the International Preliminary Examination Report?
The International Preliminary Examination Report (IPER) is a document issued as part of the Patent Cooperation Treaty (PCT) process. It provides a preliminary and non-binding opinion on the patentability of an invention claimed in an international patent application. According to MPEP 1879.02, “The international preliminary examination report and its annexes, if any, are transmitted to…
Read MoreHow does industrial applicability apply to the Written Opinion and International Preliminary Examination Report?
The concept of industrial applicability is crucial in the preparation of both the Written Opinion of the International Searching Authority and the International Preliminary Examination Report. According to PCT Rule 43bis.1(b), the provisions for industrial applicability outlined in PCT Article 33(4) apply equally to these documents: “The above provisions apply mutatis mutandis to the written…
Read MoreCan an elected State require translation of the international preliminary examination report?
Yes, an elected State can require translation of the international preliminary examination report if it’s not in the official language(s) of its national office. This is specified in MPEP 1879.03, which cites PCT Rule 72.1(a): “Any elected State may require that the international preliminary examination report, established in any language other than the official language,…
Read MoreCan applicants make observations on the translation of the international preliminary examination report?
Yes, applicants are allowed to make observations on the translation of the international preliminary examination report. This right is outlined in MPEP 1879.03, which cites PCT Rule 72.3: “The applicant may make written observations as to the correctness of the translation of the international preliminary examination report or of the written opinion established by the…
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