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 MoreWho can serve as the International Preliminary Examining Authority (IPEA) for U.S. applicants?
For U.S. residents and nationals, the choice of International Preliminary Examining Authority (IPEA) depends on which office served as the International Searching Authority (ISA). According to MPEP 1865: The USPTO (IPEA/US) will serve if the USPTO, EPO, KIPO, IP Australia, Rospatent, ILPO, JPO or IPOS served as the ISA. KIPO or Rospatent can be chosen…
Read MoreWhat is the nature of the international preliminary examination report issued by the IPEA?
The international preliminary examination report issued by the International Preliminary Examining Authority (IPEA) has a specific nature and purpose in the patent examination process. According to 37 CFR 1.416(c)(6) in MPEP 1862, the report is described as: “a nonbinding opinion on the questions whether the claimed invention appears to be novel, to involve inventive step…
Read MoreHow are amendments handled in the written opinion of the IPEA?
The handling of amendments in the written opinion of the International Preliminary Examining Authority (IPEA) is detailed in the MPEP. Key points include: Amendments filed during Chapter I proceedings and stamped “SUBSTITUTE SHEET (RULE 26)”, “RECTIFIED SHEET (RULE 91)”, and “INCORPORATED BY REFERENCE (RULE 20.6)” are considered originally filed/furnished pages and should be listed as…
Read MoreAre there fees associated with late submission of sequence listings in PCT applications?
Yes, there can be fees associated with the late submission of sequence listings in PCT applications. MPEP 1877 mentions: “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 furnishing fee.” This indicates that if an…
Read MoreWhat are Article 34 Amendments in the context of international patent applications?
Article 34 Amendments are changes made to an international patent application during the international preliminary examination phase (Chapter II) under the Patent Cooperation Treaty (PCT). These amendments are filed with the International Preliminary Examining Authority (IPEA). According to MPEP 1893.01(a)(3), “Amendments to the international application that were properly made under PCT Article 34 during the…
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