What is a top-up search in PCT examination?
A top-up search is an important part of the PCT examination process. The MPEP explains: “Before the preparation of the Chapter II report, a top-up search should be conducted by the IPEA to identify any additional prior art that has been published or has become available subsequent to the date of the establishment of the international search report.” The purpose is to discover intermediate prior art not available during the international search, such as patent applications published after the filing or valid priority date of the international application but having an earlier filing or priority date.
It’s important to note that a top-up search is different from an additional search. As the MPEP clarifies, “A top-up search is to find prior art which recently became available, which is not the same as additional search required as a result of a claim amendment to present additional features not previously claimed.“
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