Have all possible FAQs been generated for MPEP 1864 – The Demand and Preparation for Filing of Demand?
Yes, all possible FAQs have been exhausted for MPEP 1864 – The Demand and Preparation for Filing of Demand. The key information from this section has been thoroughly covered in the previously generated FAQs, including the purpose and timing of filing a Demand, requirements for filing, preparation and submission process, role of the United States…
Read MoreWhat issues can prevent the formation of a meaningful opinion in international patent applications?
For international patent applications filed on or after January 1, 2004, several issues can prevent the formation of a meaningful opinion on novelty, inventive step (non-obviousness), or industrial applicability. According to PCT Rule 43bis.1(b) and PCT Rule 66.1(e), these issues include: Unclear description, claims, or drawings Claims inadequately supported by the description Improperly formatted nucleotide…
Read MoreWho is responsible for notifying the International Bureau about a filed Demand?
According to MPEP 1869, the responsibility for notifying the International Bureau about a filed Demand lies with the International Preliminary Examining Authority (IPEA). The MPEP states: “The International Preliminary Examining Authority, pursuant to PCT Rule 61, promptly notifies the International Bureau and the applicant of the filing of any Demand.” This means that: The IPEA…
Read MoreWhat is an international-type search in U.S. patent applications?
An international-type search is a search conducted on U.S. nonprovisional patent applications that is similar in scope to an international search under the Patent Cooperation Treaty (PCT). According to MPEP 1852: “An international-type search is conducted on all U.S. nonprovisional applications filed after June 1, 1978.” This search is automatically performed for applications filed after…
Read MoreWhen can an International Searching Authority refuse to establish a search report?
An International Searching Authority can refuse to establish a search report if it considers that the description, claims, or drawings fail to comply with prescribed requirements to such an extent that a meaningful search cannot be carried out. This is stated in PCT Article 17(2)(a)(ii), which says: “If the International Searching Authority considers that the…
Read MoreWhat are the main elements of an International Search Report?
The main elements of an International Search Report (ISR) include: Identification of the International Searching Authority (ISA) that established the report Application number Name of the applicant International filing date Classification of the subject matter Fields searched Citations and explanations Certain observations on unity of invention Name and mailing address of the ISA Date of…
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 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 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…
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