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 on inventions that have already undergone an international search, maintaining consistency in the international patent application process.
To learn more: