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 do PCT Article 34 amendments affect the international preliminary examination?
How do PCT Article 34 amendments affect the international preliminary examination? PCT Article 34 amendments can significantly impact the international preliminary examination process. According to MPEP 1864.01: “Amendments to the international application that were properly made under PCT Article 34 during the international preliminary examination phase (i.e., Chapter II) are annexed to the international preliminary…
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 is the significance of the International Preliminary Examination Report (IPER) in national stage examination?
The International Preliminary Examination Report (IPER) plays an important role in the national stage examination. According to the MPEP, “The examiner may adopt any portion or all of the report on patentability of the IPEA or ISA upon consideration in the national stage so long as it is consistent with U.S. practice. The first Office…
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 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 are amendments made during the international phase handled in U.S. national stage applications?
Amendments made during the international phase are handled as follows in U.S. national stage applications: Amendments are included as annexes to the International Preliminary Examination Report (IPER). Different versions of the description, claims, and drawings may be present in the national stage application file due to extensive amendments. The IPER’s Box No. I “Basis of…
Read MoreHow is Box No. V used in the International Preliminary Examination Report?
Box No. V in the International Preliminary Examination Report (IPER) is a crucial section that addresses the patentability criteria. According to MPEP 1879: “In Box No. V, the examiner must list in summary form all claims with respect to the criteria of novelty, inventive step (non-obviousness), and industrial applicability.” The examiner uses this box to…
Read MoreWhat is the purpose of Box No. IV in the International Preliminary Examination Report?
Box No. IV in the International Preliminary Examination Report (IPER) addresses the issue of unity of invention. According to MPEP 1879: “Box No. IV is to be completed if the examiner found that the requirement of unity of invention is not fulfilled.” The purpose of Box No. IV is to: Indicate whether the requirement of…
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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