What is the process for taking into account results of earlier searches in PCT applications?

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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 process for taking into account results of earlier searches in PCT applications involves the following steps: The applicant must request the International Searching Authority (ISA) to consider earlier search results under PCT Rule 4.12 . The applicant must comply with PCT Rule 12bis.1 regarding the submission of earlier search results. The ISA will review the earlier search results to the extent possible. As stated in MPEP 1852 : “It is emphasized that when taking into account the results of an earlier search, the examiner is not bound by the results of the earlier search.” The process typically involves a cursory review of the provided results, followed by a more comprehensive inspection of the cited references if warranted. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse ISA Must Consider Earlier Search Results If Requested MPEP 1852 Required International Searching Authority May Consider Earlier Search Results MPEP 1852 Permitted Use of Earlier Search Results in International Application MPEP 1852 Permitted Requirement for Considering Earlier Search Results MPEP 1852 Required Documents Relating to Earlier Search Must Be Indicated MPEP 1852 Submit Copy of Earlier Search Results with Application MPEP 1819 Required Examiner's Discretion on Foreign Search Results MPEP 1852 Required International Search Report Not Required for Fee Refund MPEP 1852 Permitted ISA Must Use Results from Box VII of PCT Request MPEP 1852 Permitted Requirement for International-Type Search on U.S. Nonprovisional Applications Filed After June 1, 1978 MPEP 1852 Other Related FAQs 5 FAQs Collapse How does an examiner indicate the use of earlier search results in an international search ...