PCT Chapter II Process Sample Clauses

PCT Chapter II Process. A. Overview Under Chapter II, an applicant may file a “demand” to have its application examined by an International Preliminary Examining Authority (IPEA). The examining authority prepares an International Preliminary Examination Report (IPER), including a non-binding Written Opinion as to novelty, inventive step (unobviousness) and industrial applicability (utility) of the invention. A Chapter II Demand for international preliminary examination must be made within 19 months of the claimed priority date. One benefit of Chapter II is that it allows the applicant an opportunity to consider the International Preliminary Examination Report (IPER) before making a decision about entering the national phase in each elected country. Under Chapter I member states are “designated” for national phase entry. Under Chapter II, member states are “elected” to receive the International Preliminary Examination Report (IPER). In the Demand, the applicant may elect some or all of those states which were designated under Chapter I. The Demand (for international preliminary examination) is filed with an International Preliminary Examining Authority (IPEA) along with the requisite fee. The applicant may amend the claims, the description and the drawings (Article 34 Amendment), which amendment cannot go beyond the disclosure in the international application as filed. That is, examination enables the applicant to attempt to obtain a positive IPER, which in some elected Offices is used as a basis for the issuance of a patent. The IPEA examiner examines the application and issues a Written Opinion. The applicant can respond to the Written Opinion. An International Preliminary Examination Report (IPER) is then issued, and the applicant must then enter the national phase of each elected state within 30 months of the priority date.
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