What does the International Search Report contain?
The International Search Report (ISR) contains several key elements as outlined in MPEP 1844: Citations of documents considered relevant (PCT Rule 43.5 and Administrative Instructions Section 503) Classification of the subject matter of the invention (PCT Rule 43.3 and Administrative Instructions Section 504) Indication of the fields searched (PCT Rule 43.6) The ISR also includes…
Read MoreHow are citations listed in an International Search Report?
Citations in an International Search Report (ISR) are listed according to specific guidelines. As stated in MPEP 1844: “The citation of documents should be in accordance with the Instructions to the International Search Report.” The citations are typically categorized as follows: Category X: Documents of particular relevance alone Category Y: Documents of particular relevance in…
Read MoreWhat information is included in a published international application?
A published international application, also known as the PCT pamphlet, contains comprehensive information about the invention and its prosecution. According to MPEP 1857, the pamphlet includes: The standardized front page with bibliographic data The description of the invention The claims Any drawings provided with the application The international search report (ISR) Any declarations filed under…
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 happens if an International Searching Authority doesn’t establish a search report?
If an International Searching Authority (ISA) decides not to establish a search report for an international application, it doesn’t necessarily mean the end of the application process. According to MPEP 1843.02: “It is to be noted, nevertheless, that the lack of the international search report in such case will not have, in itself, any influence…
Read MoreIs the listing of references in the PCT international search report considered an IDS?
No, the listing of references in the PCT international search report is not considered an Information Disclosure Statement (IDS) complying with 37 CFR 1.98. As stated in MPEP 609.03: “The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98.” To…
Read MoreHow are references from the international search report considered in a PCT national stage application?
In a PCT national stage application, the examiner will consider all U.S. patents, U.S. patent application publications, and U.S. pending applications cited in the international search report that are stored electronically in the USPTO’s Image File Wrapper (IFW) system. As stated in MPEP 609.03: “The examiner will consider other documents cited in the international search…
Read MoreHow can applicants ensure references from the international search report are printed on the resulting patent?
To ensure that references from the international search report are printed on the resulting patent, applicants must provide a separate listing of these references. According to MPEP 609.03: “In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for…
Read MoreDo applicants need to provide a separate listing of references cited in the international search report?
Generally, applicants do not need to provide a separate listing of references cited in the international search report for a PCT national stage application. According to MPEP 609.03: “There is no requirement that the examiner list the documents on a PTO-892 form and there is no requirement for the applicant to provide a separate listing…
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