What is the purpose of an international search in patent 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.

The international search is a crucial component of the Patent Cooperation Treaty (PCT) process. According to MPEP 1843, its purpose is to provide “a thorough, high quality search of the most relevant resources.” The main objectives are:

  • To uncover relevant prior art
  • To provide information on relevant prior art to the applicant, the public, designated Offices, and the International Preliminary Examining Authority
  • To establish an international search report

As stated in the MPEP, “PCT Article 15 describes the objective of the international search, i.e., to uncover relevant prior art, and also describes the international-type search.” This search helps determine the novelty and inventive step of the claimed invention.

Tags: international search, PCT, prior art