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PCT International Search and Preliminary Examination Guidelines


Chapter 19 Examination Procedure Before The International Preliminary Examining Authority

Establishment of the International Preliminary Examination Report


Article 35(1), (2); Rule 66.4bis

19.47  An international preliminary examination report should be issued within the prescribed time limit (see paragraph 19.10); in exceptional circumstances it may not be possible to meet this deadline (see paragraph 19.11), in which case the report is established as soon as possible thereafter. Except in the case of an international application in respect of which an affirmative opinion can be given initially to the three criteria referred to in Article 34(2)(c), this will follow one or more written opinions and possibly other communications with the applicant. In most cases this will follow the issuance of the written opinion by the International Searching Authority. If the examiner considers that the possibility exists of amending or correcting the international application to bring it into a form which meets the requirements of Article 33 (see paragraph 19.02), then the examiner should communicate to the applicant in his first written opinion, indicating that the International Preliminary Examining Authority is of the opinion that suitable amendments must be submitted within a stated period (see paragraph 17.57). All amendments, arguments and requests for rectification of obvious mistakes submitted before the examiner has begun to draw up the report must be taken into account. Amendments arguments and requests for rectification of obvious mistakes received later need not be considered for the purposes of the report.

19.48  The international preliminary examination report giving the results of the international preliminary examination is prepared by the examiner by the completion of the prescribed Form (Form PCT/IPEA/409, entitled “International Preliminary Report on Patentability (Chapter II of the Patent Cooperation Treaty)”). The examiner should keep in mind, when establishing the international preliminary examination report, that it is not to contain any statement on the question whether the claimed invention is or seems to be patentable or unpatentable according to any national law. Chapter 17 gives detailed guidance on the completion of the prescribed Form.