GL-PCT C I 3 Purpose of international preliminary examination

While the search and the accompanying written opinion under Chapter I are mandatory for applicants, examination under Chapter II is optional.[GL/ISPE 3.02; 3.04; ]

The end product of the PCT procedure is the international preliminary report on patent

GL-PCT C I 2 Work of an examiner

See ISPE Guidelines 3.05.

GL-PCT C I 1 General remark

Chapters C‑II to C‑IX set out the general procedure for the international preliminary examination under PCT Chapter II, together with guidance on particular matters where necessary. They do not provide detailed instructions on matters of internal administration.

Matters of substantive law, i.e.

GL-PCT C I – Introduction

1. General remark

2. Work of an examiner

3. Purpose of international preliminary examination

GL-PCT C General remark

Contents

Chapter I – Introduction

2.Work of an examiner

3.

GL-PCT B XII 11 Combination of SIS and Chapter II

If the ISA was one of the European International Searching Authorities (SE, ES, AT, FI, TR, NPI (XN) or VPI (XV)) the applicant can file a demand under Chapter II with the EPO and additionally a request for SIS by the EPO.

For such a file the examiner will first establish the SISR with Scope Annex and then continue with Chapter II.

Under Chapter II, a WO-IPEA (Form 408) will be sent to the applican

GL-PCT B XII 10.4 Review procedure

If applicants do not agree with the finding of lack of unity they can request a review of this finding.

GL-PCT B XII 10.3 The main ISA found that unity of invention is lacking

If the main ISA has already objected to lack of unity and the examiner agrees with the assessment in the main ISR, this can be reported by simply referring to the ISR.

If the examiner forms a different point of view, or agrees with a revised view on unity of invention in a decision relating to a protest before the ISA, the reasoning will be set out in full so that it is easily understood by both the applicant and third parties.

GL-PCT B XII 10.2 Deciding what is to be considered the main invention

The main invention will normally be the invention first mentioned in the claims. However, the examiner will exercise due discretion in selecting the invention to be searched where the first mentioned invention is one for which no search report would be established, or else where the applicant has requested that the supplementary search should be limited to one of the inventions other than the first identified by the ISA responsible for the main international search. For details, see GL/PCT‑EPO B‑XII, 10.3.

GL-PCT B XII 10.1 General procedure

In case of non-unity only one invention is searched; there is no possibility to pay additional fees for further inventions.