What are the requirements for submitting earlier search results in a PCT application?

When submitting earlier search results in a PCT application, the following requirements must be met:

1. The applicant must request the International Searching Authority to take into account the results of an earlier search under PCT Rule 4.12.
2. The applicant must comply with PCT Rule 12bis.1 regarding the submission of documents.
3. A copy of the earlier search results must be provided.
4. If the earlier search results are not in English, a translation into English must be provided.
5. Copies of documents cited in the earlier search (other than U.S. patents and U.S. patent application publications) must be submitted.

MPEP 1852 states:

“Where the earlier search results (including any required translation thereof) or any copies of the documents cited therein (other than copies of U.S. patents and U.S. patent application publications) have not been furnished and therefore are not of record in the file, whether the earlier foreign Office search results will be taken into account is at the examiner’s discretion.”

This emphasizes the importance of providing all required documents to ensure the earlier search results are considered by the examiner.

To learn more:

• PCT Applications
• Earlier Search Results
• Document Submission
• International Search
• Patent Cooperation Treaty