International Preliminary Examining Report

The applicant may additionally ask for an international preliminary examination report (IPER). This report gives a preliminary, nonbinding opinion on the patentability of the claimed invention. On the basis of the international preliminary examination report, the applicant can once again evaluate the chances of his invention being patented. The applicant is entitled to amend the international application during the international preliminary examination. He might for example... 

International Phase The PCT filing results in an International Search and the issuance of an International Search Report, a Written Opinion (which comments on the three aspects of patentability (novelty, obviousness and utility) as they apply to the claims, and possibly comments on other matters as well), and an International Preliminary Examination Report (IPER). WIPO will also publish the patent application 18 months after the priority date. The designation WO... in the upper right hand of what many call a patent actually indicates that the document is only a published PCT patent application, not a patent. The PCT patent application is itself never prosecuted to allowance. The filing allows an applicant to defer further action (and... 

The aim of the PCT system is to consolidate and streamline patenting procedures. A PCT application reserves the right to file patent applications in all of the member states at a future date. It gives the applicant more time to submit patent applications to national ofhces than is allotted under national patent systems. This additional period of time (up to 42 months depending on the residence of the applicant and whether a priority hling has been made) gives an applicant more time to decide where to continue with national patent applications. The PCT process also provides the applicant with valuable information about the potential patentability of the invention through an international search report and the optional international preliminary examination report. 

After the issue of the search report (and the international preliminary examination, if applicable and requested) the application passes to the national patent office of each of the designated countries, and this is the start of the national phase of the procedure. 

Articles 31 to 42 PCT provide for an international preliminary examination to be performed during the international phase (Chapter II of the Patent Cooperation Treaty). Countries having acceded to the Patent Cooperation Treaty can make a declaration that they will not be bound by Chapter 11 of the Patent Cooperation Treaty. An applicant resident in a country which is bound by Chapter II of the Patent Cooperation Treaty can make a request for an international preliminary examination to be performed for selected patent offices, known as elected offices . After the issue of the search report (and the international preliminary examination, if applicable and requested) the application passes to the national patent office of each of the designated countries and this is the start of the national phase of the procedure. On request of the applicant, a substantive examination takes place in each of the designated countries, (and the EPO, if designated), under the laws of that country. 

The International Patent Cooperation Treaty (PCT) created the opportunity to file a patent application almost world-wide (most countries accept PCT applications) at international patent registration offices which are usually identical with the national patent offices. A search report summarizing relevant prior art will be issued and, if requested, a preliminary examination considering the prior art is performed. The preliminary international examination provides a non-binding opinion whether the claimed invention appears to be novel, inventive and industrially applicable. It does not investigate the patentability according to any national law. 

Although the results of the preliminary examination are not binding on individual member states, the results of preliminary examination as well as the international search report can offer significant insight and assistance for an applicant in determining the likelihood of ultimately obtaining patent protection and, thus, whether to proceed with the application in the individual designated states. 

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