How does an applicant request the use of earlier search results in a PCT application?
An applicant can request the use of earlier search results in a PCT application by following these steps:
- Include the request in Box No. VII of the PCT Request form.
- Comply with PCT Rule 4.12 and Rule 12bis.1.
- Indicate in Box No. VII whether certain documents relating to the earlier search are available to the Authority or are being transmitted.
MPEP 1852 states: “The examiner can determine whether applicant has requested the ISA/US to use the results of an earlier search by inspecting Box No. VII of the PCT Request.” This allows the examiner to identify and consider the applicant’s request for using earlier search results.
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