Aim of the international preliminary examination
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101
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The aim of the international preliminary examination under Chapter II of the PCT is not to be granted or refused a patent, but to obtain a preliminary and non-binding opinion on whether the claimed invention appears to be novel, to involve an inventive step and to be industrially applicable.
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Art. 33, 35 PCT
R. 64, 65, 67, 68 PCT
WIPO PCT Guide 322
OJ 2003, 574
GL/EPO E-IX, 4
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While there is not a fully uniform approach to these criteria in national laws, their application during international preliminary examination is such that the International Preliminary Report on Patentability established by the IPEA (IPRP Chapter II) provides the applicant with a good basis on which to evaluate the chances of obtaining patents in the various Offices in the national phase.
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102
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The term "IPRP Chapter II" as a new name for the international preliminary examination report (IPER) was introduced as from 1 January 2004. Both terms therefore refer to the same document.
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R. 70.15(b) PCT
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103
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Under the procedures in force as from 1 January 2004 applicants will already as part of the international search procedure receive a preliminary non-binding written opinion on the patentability of their claimed invention (WO-ISA, IPRP Chapter I) (see point 82).
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As set out before, the applicant may react to the WO-ISA by filing free of charge "Article 19 amendments" or "informal comments" with the IB (see point 84 ff). Should the applicant decide to file a demand for international preliminary examination, the demand form as well as arguments and amendments under Article 34 PCT are to be filed with the competent IPEA.
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