What is the purpose of a top-up search in international preliminary examination?
A top-up search is conducted by the International Preliminary Examining Authority (IPEA) to identify additional prior art that has been published or become available after the establishment of the international search report. The main purpose is to discover intermediate prior art, such as patent applications published after the filing or valid priority date of the…
Read MoreWhat happens if a PCT application lacks a required sequence listing during international preliminary examination?
If the International Preliminary Examining Authority (IPEA) finds that a PCT application requires a sequence listing but lacks one, they may take action. According to MPEP 1877: “If the International Preliminary Examining Authority finds that the international application contains disclosure of one or more nucleotide and/or amino acid sequences that, pursuant to the Administrative Instructions,…
Read MoreWho has the authority to cancel elections in a PCT application?
According to MPEP 1880, which cites PCT Administrative Instructions Section 606, the International Preliminary Examining Authority (IPEA) has the authority to cancel certain elections ex officio. Specifically: The International Preliminary Examining Authority shall cancel ex officio: (i) the election of any State which is not a designated State; (ii) the election of any State not…
Read MoreWhat happens if a Demand is filed with an incompetent International Preliminary Examining Authority?
If a Demand is filed with an International Preliminary Examining Authority that is not competent for the international preliminary examination of a particular international application, there is a safeguard process in place. According to MPEP 1865: “PCT Rule 59.3 provides a safeguard in the case of a Demand filed with an International Preliminary Examining Authority…
Read MoreWhat happens if amendments under PCT Article 34 are not in the required language?
If amendments filed under PCT Article 34 or their accompanying letters are not in the required language, the following process occurs: The International Preliminary Examining Authority (IPEA) will invite the applicant to furnish them in the correct language. The applicant will be given a reasonable time limit to provide the correct language versions. If the…
Read MoreWhat are the timing options for filing amendments under PCT Article 34?
Amendments under PCT Article 34 can be filed at several stages during the international preliminary examination process. The timing options are: At the time of filing the Demand for international preliminary examination. Within the time limit set by the International Preliminary Examining Authority (IPEA) for reply to any notification under 37 CFR 1.484(b). Within the…
Read MoreWhat are the requirements for filing amendments under PCT Article 34?
Amendments under PCT Article 34 can be filed before the International Preliminary Examining Authority (IPEA) before the international preliminary examination report is established. The key requirements are: Amendments can be filed with the demand, within the period for reply to the written opinion of the International Searching Authority (ISA), or within the period for reply…
Read MoreWhat happens if a PCT application lacks a compliant sequence listing?
If a PCT application lacks a compliant sequence listing, the following process may occur: The International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may invite the applicant to furnish a compliant sequence listing. The invitation will specify a time limit for response and may require payment of a late furnishing fee. If the…
Read MoreHow does the International Preliminary Examining Authority (IPEA) handle top-up searches?
The International Preliminary Examining Authority (IPEA) conducts top-up searches as part of the international preliminary examination process. According to MPEP 1860: “The examiner will conduct a top-up search in the course of drawing up the international preliminary examination report… The top-up search should cover all the relevant documents in the search collections of the IPEA,…
Read MoreHow does the IPEA obtain a copy of the priority document in PCT applications?
The International Preliminary Examining Authority (IPEA) can obtain a copy of the priority document in PCT applications through several means. MPEP 1870 outlines the process: “If the International Preliminary Examining Authority needs a copy of the earlier application whose priority is claimed in the international application, the International Bureau shall, on request, promptly furnish such…
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