What is an “earlier search” in the context of PCT applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An “earlier search” in the context of PCT applications refers to a previous international, international-type, or national search carried out by the same or another International Searching Authority (ISA) or by a national Office. Applicants can request the ISA to consider the results of these earlier searches when conducting the international search for their current PCT application.

According to MPEP 1819, PCT Rule 4.12 states:

“If the applicant wishes the International Searching Authority to take into account, in carrying out the international search, the results of an earlier international, international-type or national search carried out by the same or another International Searching Authority or by a national Office (“earlier search”)…”

This provision allows applicants to potentially streamline the search process and improve the quality of the international search by leveraging previous search results.

Tags: earlier search, international search, International Searching Authority, Patent Cooperation Treaty, PCT