Which patent offices can act as International Searching Authorities for applications filed with the U.S. Receiving Office?
For international applications filed with the U.S. Receiving Office, several patent offices can act as competent International Searching Authorities. According to MPEP 1840, these include: United States Patent and Trademark Office (USPTO) European Patent Office (EPO) Korean Intellectual Property Office (KIPO) Australian Patent Office (IP Australia) (IPAU) Federal Service for Intellectual Property (Rospatent) (Russian Federation)…
Read MoreWhich International Searching Authorities can perform a Supplementary International Search?
Not all International Searching Authorities (ISAs) can perform a Supplementary International Search (SIS). According to PCT Rule 45bis.9(a): An International Searching Authority shall be competent to carry out supplementary international searches if its preparedness to do so is stated in the applicable agreement under Article 16(3)(b), subject to any limitations and conditions set out in…
Read MoreHow does the International Search Report differ from the Written Opinion?
The International Search Report (ISR) and the Written Opinion of the International Searching Authority are distinct but related documents in the PCT process. According to MPEP 1844: “The search report is only for the purpose of identifying prior art and should not contain any expressions of opinion, reasoning, argument or explanation as to any cited…
Read MoreWhat information does an international search report provide?
An international search report is a crucial document produced as a result of the international search process under the Patent Cooperation Treaty (PCT). According to MPEP 1843, the international search report provides valuable information to various stakeholders in the patent process: “The report provides information on the relevant prior art to the applicant, the public,…
Read MoreWhat is the structure of the International Search Report form?
The International Search Report form (Form PCT/ISA/210) has a specific structure as described in MPEP 1844: Two main sheets: “first sheet” and “second sheet” used for all searches Five optional continuation sheets: Continuation of first sheet (1) Continuation of first sheet (2) Continuation of first sheet (3) Continuation of second sheet Patent family annex (not…
Read MoreWhat is the significance of the ‘Fields Searched’ section in an International Search Report?
The ‘Fields Searched’ section in an International Search Report (ISR) is crucial as it indicates the scope and thoroughness of the international search. According to MPEP 1844: “The Search Report should list the classification identification of the fields searched.” This section typically includes: International Patent Classification (IPC) symbols Other classification systems used (e.g., CPC) Keywords…
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 does the International Search Report contain?
The International Search Report (ISR) contains several key elements as outlined in MPEP 1844: Citations of documents considered relevant (PCT Rule 43.5 and Administrative Instructions Section 503) Classification of the subject matter of the invention (PCT Rule 43.3 and Administrative Instructions Section 504) Indication of the fields searched (PCT Rule 43.6) The ISR also includes…
Read MoreHow are citations listed in an International Search Report?
Citations in an International Search Report (ISR) are listed according to specific guidelines. As stated in MPEP 1844: “The citation of documents should be in accordance with the Instructions to the International Search Report.” The citations are typically categorized as follows: Category X: Documents of particular relevance alone Category Y: Documents of particular relevance in…
Read MoreHow is the international search fee paid and when is it due?
According to MPEP 1840, the international search fee for the selected International Searching Authority (ISA) must be paid to the USPTO as a receiving Office. The fee is due within one month from the time of receipt of the international application. The MPEP states: “The international search fee for the selected ISA must be paid…
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