When is international preliminary examination not required?
International preliminary examination may not be required in certain instances, as outlined in MPEP 1874. Specifically:
- When the subject matter claimed is not within the scope of what the International Preliminary Examining Authority is required to examine under the Regulations.
- When the description, claims, or drawings are so unclear that no meaningful opinion can be formed on novelty, inventive step, or industrial applicability.
- When the claims are inadequately supported by the description.
The MPEP states: “If it is found that certain claims of an international application relate to subject matter for which no international preliminary examination is required, check the appropriate box on a Form PCT/IPEA/408 or a Form PCT/IPEA/409, as appropriate.”
To learn more: