What is the nature of the international preliminary examination report issued by the IPEA?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Functions of International Preliminary Examining Authority MPEP 1862 Specify Competent International Preliminary Examining Authority MPEP 1862 Required Procedure Before International Preliminary Examining Authority Governed by Treaty and Regulations MPEP 1862 Required International Preliminary Examination Must Be Conducted by the International Preliminary Examining Authority MPEP 1862 Required Provisions Apply to International Preliminary Examining Authorities MPEP 1862 Required U.S. Patent Office Acts as International Preliminary Examining Authority MPEP 1862 Permitted Competent International Preliminary Examining Authority Processes Demand Based on USPTO Receipt Date MPEP 1865 Agreement With the International Bureau Requirement MPEP 1862 Agreement With the International Bureau Required for Examining Authority MPEP 1862 International Preliminary Examining Authority Must Indelibly Mark Rectified She...