International search and preliminary examination procedures for PCT international applications

1、 International search program

（1） Basic concepts

1. International search unit

① 23 international search units

② Responsible international search unit

Currently, when CNIPA serves as the receiving authority, only CNIPA

In the future, EPO

• Consider language, cost, and other factors when choosing

③ The role of international search units

• Determine classification

• Determine whether the requirement of invention singularity is met

• Consider whether it involves topics that do not require retrieval

• Considerations for correcting obvious errors

Conduct international searches to discover relevant existing technologies

• Consider whether the invention name and abstract are appropriate

• Produce international search reports and written opinions from international search authorities

2. International Search

① Necessary procedures

② Purpose: To discover relevant existing technologies

③ Related date: International Application Day

④ On the basis of the claims, with due consideration given to the specification and drawings

⑤ Before conducting an international search, the applicant has no right to modify the international application

⑥ Can ensure the quality of retrieval

Specific criteria for searching literature have been established (PCT minimum literature)

Experienced patent office, qualified examiner, unified search method

⑦ The search results will be published in the international search report and written opinions of the international search authority

3. International Search Report

① This mainly includes documents that may affect the patentability of inventions disclosed in international applications

• Publicly available patent documents and technical journal articles

② Indicate the degree of relevance between the listed literature and novelty and creativity

4. Written opinion from the international search authority

① Make preliminary, non binding opinions on whether the claimed invention appears to meet the standards of novelty, inventiveness (non obviousness), and industrial applicability

② Related Day: Priority Day

③ The international search report and written opinion from the international search authority will be sent to the applicant together

④ Helps applicants evaluate the likelihood of obtaining a patent

（2） Interpretation of main tables

1. P C T/IS A/206 Form (Notice of Payment of Attachment Fees and Objection Fees when Applicable)

① The requirement of singularity of invention: an international application should only involve one invention or a group of inventions linked together by a general inventive concept

② There is a technical correlation between a set of inventions, containing one or more identical or corresponding "specific technical features"

③ Specific technical features: The technical features that contribute to the existing technology when considering each invention as a whole

   

④ Reply as soon as possible within the prescribed deadline (1 month from the date of publication)

⑤ Response format:

• No additional fees paid (search for primary inventions, i.e. the first group of inventions)

Selective payment of partial additional fees (mandatory for Group 1 inventions)

• Pay all additional fees

When raising objections, an explanation must be submitted and additional fees and objection fees must be paid simultaneously

2. P C T/IS A/2 1 7 Form (Notice of Correction Request Decision)

① Obvious Error Correction (Rule 91)

② Submission deadline: Within 26 months from the priority date

③ Obvious errors appearing in the specification, claims, drawings or their supplementary documents shall be approved by the International Searching Authority

• Excluding obvious errors in the abstract

④ Request for correction of obvious errors, correction page and its letter (modified reference page)

   

⑤ The request for correction of obvious errors in the license shall take effect on:

Correction of obvious errors in the original international application, effective from the date of international application

The correction of obvious errors in other documents shall take effect from the date of submission of the relevant document

⑥ Request for correction of obvious errors submitted under Rule 91 vs Request for correction of formal defects submitted under Rule 26

⑦ Permitted correction request: Upon receipt of the permission after the completion of the technical preparation for publication, the International Bureau will publish the relevant documents and letters, and republish the title page

⑧ Rejected correction request: The applicant shall submit a request within 2 months from the date of rejection, and after paying a special fee, the International Bureau may publish the correction request, the reasons for the competent authority's refusal to correct, and the applicant's statement of opinion together

3. P C T/IS A/2 20 form (transmitting international search reports and written opinions or notices announced by international search authorities)

   

4. Table PCT/IS A/210 (International Search Report)

                                   

5. P C T/IS A/2 3 7 Table

                                               

6. Table PCT/IS A/203 (announced not to develop an international search report)

① All claims cannot be searched

② Do not establish the 210 form

③ Simultaneously develop 237 tables

   

7. P C T/IS A/205 Form (Notice of Amending the Abstract Approved by the International Searching Authority)

① The applicant shall submit the international search report within one month from the date of publication

• Request to modify the abstract, or

• Make modification requests and/or opinions on the abstract formulated by the retrieval examiner in the report

   

（3） Summary

1. The instruction manual is clear and complete, and can be implemented by technical personnel in this field

2. Clear and concise claims, fully supported by the specification

3. Meet the requirement of invention singularity

4. It is a topic that can be searched

5. The deadline for completing the international search report and the written opinion of the international search authority shall be subject to expiration thereafter

Three months from the date of receipt of the search book; perhaps

9 months from the priority date

6. Check the notification letter and contact the examiner of the acceptance bureau if there are any errors

Record project information

Content garbled

7. Obtaining copies of comparative files

8. Helps applicants understand the possibility of obtaining patents in PCT contracting countries

9. Evaluate the existing technical documents referenced and determine the subsequent procedures

Informal statement of opinion

According to the amendment of Article 19 of the treaty

Propose international preliminary examination requirements

According to the amendment of Article 34 of the treaty

Proactively withdraw international application

• Conditional withdrawal

Source: Public lecture learning platform of China National Intellectual Property Administration

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