It is a second evaluation of the invention’s patentability carried out by an IPEA, usually on an amended version of the application (all ISAs are also IPEAs). The resulting international preliminary report on patentability further assists the applicant in determining whether to enter the national phase.

International Preliminary Examination Report (IPER)

In its capacity as an International Preliminary Examining Authority (i.e. under Chapter II of the PCT), the EPO is empowered to carry out international preliminary examination (IPE), the objective of which is to formulate a preliminary and non-binding opinion on whether the claimed invention appears to be novel, to …

Filing a Demand (“a Demand for further International Preliminary Examination (IPE) under Chapter II of the Patent Cooperation Treaty (PCT)”) involves filing certain forms and paying certain fees, including a PCT examination fee.

An Article 34 amendment allows for amendment of not only the claims, but also of the written description and drawings, without adding new matter.

IPRP

The amendment may be filed with the demand (PCT Article 34), within the period for reply to the written opinion of the International Searching Authority (ISA), or within the period for reply to the written opinion of the IPEA.

Article 19 allows amendments to the claims only accompanied by a statement explaining the amendments to the claims. Amendments to the description and drawings are not allowed under Article 19. An Article 19 amendment must be filed in the language in which the international application will be published.

After an Article 19 amendment is filed, the ISA will not conduct a further substantive examination of the application. An Article 34 amendment allows for amendment of not only the claims, but also of the written description and drawings, without adding new matter.

The PCT international preliminary examination report “shall not contain any statement on the question whether the claimed invention is or seems to be patentable or unpatentable according to any national law.”

International application filed Search by ISA examiner ISR WO-ISA (not public) Publication of IPRP = WO-ISA 0 months < 12 months 30 months public file inspection Priority International publication + ISR 18 months Chapter 1 only (ISA): WO-ISA + IPRP

Where the international application is filed with the International Bureau as receiving Office, the competent International Preliminary Examining Authority (or Authorities) is that (or are those) which would have been competent if the international application had been filed with a competent national (or regional) Office as receiving Office.

• Documents publicly availableafter international publication: – the international application itself – any amendments – ISR (International Search Report) – copies of priority documents Confidentiality International publication at 18 months Confidentiality • Documents made available after the expiration of 30 months