What is an International Search Report in patent law?
An International Search Report (ISR) is a crucial document in the Patent Cooperation Treaty (PCT) process. According to MPEP 1844, “The results of the international search are recorded in the international search report (Form PCT/ISA/210), which, together with the written opinion of the International Searching Authority (Form PCT/ISA/237) is transmitted with Form PCT/ISA/220.”
The ISR serves several important purposes:
- It identifies prior art relevant to the patentability of the invention
- It is published by the International Bureau
- It serves as a basis for examination of the international application by designated Offices and the International Preliminary Examining Authority
It’s important to note that “The search report is only for the purpose of identifying prior art and should not contain any expressions of opinion, reasoning, argument or explanation as to any cited prior art.”
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