When does the International Preliminary Examining Authority (IPEA) start the international preliminary examination?
The International Preliminary Examining Authority (IPEA) typically starts the international preliminary examination when it has received all necessary documents and fees. According to the MPEP: “The IPEA starts the international preliminary examination when it is in possession of the demand; the required fees; if the applicant is required to furnish a translation under PCT Rule…
Read MoreCan the International Preliminary Examining Authority require a sequence listing after filing?
Yes, the International Preliminary Examining Authority (IPEA) has the power to require a sequence listing after the initial filing of a PCT application. MPEP 1877 states: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late…
Read MoreWhat is the definition of inventive step in PCT applications?
The definition of inventive step for PCT applications is provided in MPEP 1878.01(a)(2), which cites PCT Article 33(3): “For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant…
Read MoreWhat is the time limit for preparing the international preliminary examination report?
The time limit for preparing the international preliminary examination report is specified in MPEP 1879.01, which states: “The time limit for establishing the international preliminary examination report shall be whichever of the following periods expires last: (i) 28 months from the priority date; or (ii) six months from the time provided under Rule 69.1 for…
Read MoreWhat is the international preliminary examination procedure?
The international preliminary examination is conducted according to PCT Article 34 and PCT Rule 66. The MPEP states: The examiner takes into consideration any comments or amendments made by the applicant when establishing the international preliminary examination report. This process involves studying the application’s description, drawings, claims, prior art cited in the international search report,…
Read MoreHow does the Director of International Patent Legal Administration handle issues with international preliminary examination?
The Director of International Patent Legal Administration plays a crucial role in addressing issues related to international preliminary examination. Their responsibilities include: Deciding petitions to review the holding of lack of unity of invention in international applications Deciding petitions to review the refusal to enter the national stage in international applications MPEP 1002.02(p) states: “The…
Read MoreWhat are the fees associated with international preliminary examination?
The fees associated with international preliminary examination include: The preliminary examination fee, which benefits the International Preliminary Examining Authority (e.g., USPTO) The handling fee, which benefits the International Bureau and is collected by the International Preliminary Examining Authority As stated in the MPEP, “The current amount of both the preliminary examination fee and the handling…
Read MoreWhat role does the International Bureau play in correcting defects in a PCT Demand?
The International Bureau plays a supportive role in identifying and addressing defects in PCT Demands. According to MPEP 1868, which cites PCT Rule 60.1(e): “If the defect is noticed by the International Bureau, it shall bring the defect to the attention of the International Preliminary Examining Authority, which shall then proceed as provided in paragraphs…
Read MoreWhat role does the International Bureau play in PCT applications filed with it as the receiving Office?
The MPEP 1864.02 addresses the role of the International Bureau when it acts as the receiving Office for PCT applications. Specifically, it cites PCT Rule 54.3, which states: “Where the international application is filed with the International Bureau as receiving Office under Rule 19.1(a)(iii), the International Bureau shall, for the purposes of Article 31(2)(a), be…
Read MoreWhat happens if an applicant is not entitled to file a demand for international preliminary examination?
According to MPEP 1864.02, which cites PCT Rule 54.4, if an applicant does not have the right to file a demand for international preliminary examination, the following occurs: “If the applicant does not have the right to make a demand or, in the case of two or more applicants, if none of them has the…
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