PCT AG-IP 10.002 What are the main effects of the international preliminary examination?

Article 39(1)
40(1)
64(2)(a)(i)
and (ii)

10.002.  What are the main effects of the international preliminary examination?  Since the criteria on which the international preliminary examination is based (see paragraph 10.001) correspond to internationally accepted criteria for patentability, the international preliminary report on patentability (Chapter II of the PCT) gives the applicant the opportunity to evaluate the chances of obtaining patents in elected Offices before incurring the expense and trouble of entering the national phase. Moreover, the fact that the carrying out of such an examination has been demanded has the result that the national phase in each elected State is normally delayed until the expiration of 30 months from the priority date (longer times apply in some elected Offices), provided that the demand is submitted before the expiration of 19 months from the priority date (Note, however, that the 30-month time limit applies in any case, to all but three designated Offices even if they have not been elected within the 19-month time limit;  see paragraph 5.005 for details). For further details, see paragraph 10.010, and also the National Chapters, (Summaries).

Article 38
Rule 94

10.003.   With the exception of the fact that a demand has been filed and the names of those designated States for which a notice of withdrawal has been submitted to the International Bureau or to the International Preliminary Examining Authority are available on PATENTSCOPE, the international preliminary examination procedure remains confidential between the applicant, the International Preliminary Examining Authority and the International Bureau. In respect of international applications filed before 1 July 1998, a copy of the international preliminary examination report, when it has been established, is sent by the International Bureau to each elected Office as well as the applicant, but is not available from the International Preliminary Examining Authority or the International Bureau to any other persons or Offices. In respect of international applications filed on or after 1 July 1998, copies of all documents contained in the file of the International Preliminary Examining Authority may be obtained by third parties via those elected Offices whose national law provides for access to the files of national applications (see also paragraphs 10.080 and 10.081, and 11.072 to 11.074). Concerning the availability of the international preliminary examination report from the International Bureau, see paragraph 9.027.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip10.html

Date retrieved: 02 November 2015

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PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase