How does the Written Opinion address defects in the international application?
The Written Opinion addresses defects in the international application in Box No. VII of Form PCT/ISA/237. According to the MPEP, In Box No. VII of Form PCT/ISA/237, defects in the form and content of the international application are identified. These defects can include issues with drawings, description, or claims. The MPEP provides several form paragraphs…
Read MoreWhat is a top-up search in PCT examination?
A top-up search is an important part of the PCT examination process. The MPEP explains: “Before the preparation of the Chapter II report, a top-up search should be conducted by the IPEA to identify any additional prior art that has been published or has become available subsequent to the date of the establishment of the…
Read MoreWhat is the time limit for responding to a further written opinion in PCT examination?
The MPEP provides guidance on the time limit for responding to a further written opinion during international preliminary examination: The examiner is further required to fully state the reasons for his/her opinion (PCT Rule 66.2(b)) and invite a written reply, with amendments where appropriate (PCT Rule 66.2(c)), normally setting a 2 month time limit for…
Read MoreWhat is the time limit for responding to the Written Opinion of the International Searching Authority?
The MPEP provides clear guidance on the time limit for responding to the Written Opinion of the International Searching Authority. It states: If, in response to the written opinion of the International Searching Authority (Form PCT/ISA/237), applicant wishes to file a demand and amendments and/or arguments, the time period for response is 3 months from…
Read MoreHow does the Written Opinion address novelty, inventive step, and industrial applicability?
The Written Opinion addresses novelty, inventive step, and industrial applicability in Box No. V of Form PCT/ISA/237. The MPEP states: Examiner statements in Box No. V can be positive or negative. If the claims define over the prior art and meet the test of novelty, inventive step (nonobviousness) and industrial applicability, a positive statement equivalent…
Read MoreWhat is the difference between obvious and non-obvious mistakes in international patent applications?
The MPEP 1876 distinguishes between obvious and non-obvious mistakes in international patent applications: Obvious mistakes are addressed using Form PCT/IPEA/411. Non-obvious mistakes are handled differently: “Mistakes that are not obvious may be called to applicant’s attention in Box VII of PCT/IPEA/408.” This distinction is important because it affects how examiners communicate with applicants about different…
Read MoreWhen must the International Preliminary Examination Report be established?
The MPEP states that the International Preliminary Examination Report must be established within specific time limits. Specifically, “To meet the 28-month date for establishing the report, Office practice is to complete internal processing by 27 months from the priority date in order to provide adequate time for reviewing, final processing and mailing.” This timeline ensures…
Read MoreWhat criteria are assessed in the International Preliminary Examination Report?
The International Preliminary Examination Report (IPER) assesses three main criteria for each examined claim. As stated in the MPEP, “The examiner must indicate whether each claim appears to satisfy the criteria of novelty, inventive step (nonobviousness), and industrial applicability.” These criteria are assessed as follows: Novelty: Whether the claim presents new features not found in…
Read MoreWhat is the significance of Box No. III in Form PCT/ISA/237?
Box No. III of Form PCT/ISA/237 is used to indicate situations where a meaningful opinion on novelty, inventive step, and industrial applicability cannot be formed for some or all claims. The MPEP explains: Box No. III of Form PCT/ISA/237 is intended to cover situations where some or all claims of an application are so unclear…
Read MoreHow are amendments handled in the International Preliminary Examination Report?
The International Preliminary Examination Report (IPER) takes into account amendments made to the international application. The MPEP states: “The international preliminary examination report identifies the basis on which it is established, i.e., whether, and if so, which amendments have been taken into account.” Amendments are handled as follows: Replacement sheets containing amendments under PCT Article…
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