International Preliminary Examination
Module 9: International Preliminary Examination
Contents
Introduction 1 9.1 The Demand 1 9.2 Amendment of the Description, Claims, Drawings 2 9.3 Written Opinion of the IPEA 2 9.3.1 Response to the Written Opinion of the IPEA 3 9.4 The International Preliminary Report on Patentability (Chapter II) 3 9.5 Fees Payable 4
Introduction
International preliminary examination is an optional feature of the international phase available under Chapter II of the PCT. It is performed by an International Preliminary Examining Authority (IPEA), one of the Offices which are also International Searching Authorities (ISAs) [see Module 7]. The receiving Office with which you filed your PCT application has appointed the IPEA which is “competent†to perform international preliminary examination. If your receiving Office has appointed more than one competent IPEA, you can choose between them, taking into account differing requirements relating to search, such as language, fees, etc.
The international preliminary examination gives you the benefit, before entering the national phase, of an assessment from an IPEA on whether your invention appears to be novel, involves an inventive step (non-obvious), and is industrially applicable. This may provide you with greater certainty on your chances of obtaining a patent.
You may consider international preliminary examination if, as a result of the international search and the written opinion of the ISA, your PCT application needs to be amended in order to overcome objections previously raised in the written opinion of the ISA. During the international preliminary examination procedure, you can amend the description, claims and drawings of your PCT application. This enables you to further refine your PCT application, which will be useful during the patent granting procedures in the national phase.
While international preliminary examination is not binding for the purposes of national or regional examination, it is
Contents
Introduction 1 9.1 The Demand 1 9.2 Amendment of the Description, Claims, Drawings 2 9.3 Written Opinion of the IPEA 2 9.3.1 Response to the Written Opinion of the IPEA 3 9.4 The International Preliminary Report on Patentability (Chapter II) 3 9.5 Fees Payable 4
Introduction
International preliminary examination is an optional feature of the international phase available under Chapter II of the PCT. It is performed by an International Preliminary Examining Authority (IPEA), one of the Offices which are also International Searching Authorities (ISAs) [see Module 7]. The receiving Office with which you filed your PCT application has appointed the IPEA which is “competent†to perform international preliminary examination. If your receiving Office has appointed more than one competent IPEA, you can choose between them, taking into account differing requirements relating to search, such as language, fees, etc.
The international preliminary examination gives you the benefit, before entering the national phase, of an assessment from an IPEA on whether your invention appears to be novel, involves an inventive step (non-obvious), and is industrially applicable. This may provide you with greater certainty on your chances of obtaining a patent.
You may consider international preliminary examination if, as a result of the international search and the written opinion of the ISA, your PCT application needs to be amended in order to overcome objections previously raised in the written opinion of the ISA. During the international preliminary examination procedure, you can amend the description, claims and drawings of your PCT application. This enables you to further refine your PCT application, which will be useful during the patent granting procedures in the national phase.
While international preliminary examination is not binding for the purposes of national or regional examination, it is