What is the nature of the international preliminary examination report issued by the IPEA?
The international preliminary examination report issued by the International Preliminary Examining Authority (IPEA) has a specific nature and purpose in the patent examination process. According to 37 CFR 1.416(c)(6) in MPEP 1862, the report is described as:
“a nonbinding opinion on the questions whether the claimed invention appears to be novel, to involve inventive step (to be nonobvious), and to be industrially applicable”
This characterization is important for applicants and patent professionals to understand. The report provides valuable insight into the patentability of the invention, but its non-binding nature means that it does not guarantee the grant or denial of a patent in national or regional patent offices.
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