What is the role of the United States Patent and Trademark Office as an International Preliminary Examining Authority?
The United States Patent and Trademark Office (USPTO) serves as an International Preliminary Examining Authority (IPEA) for international patent applications. According to MPEP 1862, the USPTO “will act as an International Preliminary Examining Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by the Director.”
The major functions of the USPTO as an IPEA include:
- Receiving and checking Demands for defects
- Forwarding Demands as per PCT rules
- Collecting fees
- Informing applicants of Demand receipt
- Considering unity of invention
- Providing an international preliminary examination report
- Transmitting the report to the applicant and International Bureau
As stated in 37 CFR 1.416(c), the examination report is “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.”
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