PCT AG-IP 10.075 What are the form and contents of the international preliminary report

Article 35(1)
and (2)
Rule 70
Section 604

10.075.   What are the form and contents of the international preliminary report on patentability (Chapter II of the PCT)?  The international preliminary report on patentability (Chapter II of the PCT) contains, among other things, a statement (in the form of a simple “yes” or “no”), in relation to each claim which has been examined, on whether the claim appears to satisfy the criteria of novelty, inventive step (non-obviousness) and industrial applicability.  The statement is, where appropriate, accompanied by the citation of relevant documents together with concise explanations pointing out the criteria to which the cited documents are applicable and giving reasons for the International Preliminary Examining Authority’s conclusions.  Other matters which may be included in the report are listed in paragraphs 10.064 and 10.065.  The report also includes an indication whether any additional relevant documents had been discovered during a top-up search, states the date on which a top-up search was made or else states that no such top-up search was made (see paragraph 10.062A).  Where applicable, the report also includes remarks relating to the question of unity of invention (see paragraph 10.072).  For more details, see Article 35(1) and (2), Rule 70 and Section 604.

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

Date retrieved: 02 November 2015

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