Can the International Preliminary Examining Authority examine inventions not searched by the International Searching Authority?

No, the International Preliminary Examining Authority (IPEA) cannot examine inventions that were not previously searched by the International Searching Authority (ISA). As stated in MPEP 1875: “No international preliminary examination will be conducted on inventions not previously searched by an International Searching Authority (37 CFR 1.488(b)(2)).” This limitation ensures that the preliminary examination is based…

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Can 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…

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What are the requirements for the inventor’s oath or declaration in a U.S. national stage application?

The requirements for the inventor’s oath or declaration in a U.S. national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: As per 37 CFR 1.497: The oath or declaration must comply with the requirements of 37 CFR 1.63 It can be postponed…

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What are the requirements for an inventor’s oath or declaration in a national stage application?

The requirements for an inventor’s oath or declaration in a national stage application depend on the international filing date: For applications with an international filing date on or after September 16, 2012: The inventor’s oath or declaration must comply with 37 CFR 1.497. For applications with an international filing date before September 16, 2012: The…

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How is inventive step evaluated in international patent applications?

Inventive step (also known as non-obviousness) in international patent applications is addressed in MPEP 1878.01(a)(2) and PCT Article 33(3). The MPEP states: “For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not,…

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What is the definition of inventive step in PCT applications?

The definition of inventive step for PCT applications is provided in MPEP 1878.01(a)(2), which cites PCT Article 33(3): “For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant…

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When 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…

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What are the main procedural steps for an international application in the International Searching Authority?

According to MPEP 1840, the main procedural steps for any international application in the International Searching Authority are: Making of the international search (PCT Article 15) Preparing of the international search report (PCT Article 18 and PCT Rule 43) For international applications having an international filing date on or after January 1, 2004, preparing a…

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What is the function of the International Searching Authority (ISA) in the PCT system?

The International Searching Authority (ISA) plays a critical role in the PCT system by conducting prior art searches and providing a written opinion on the patentability of the claimed invention. According to the MPEP, The basic functions of the International Searching Authority (ISA) are to conduct a prior art search of inventions claimed in international…

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