PPC PPC International Patent Systems & PCT 2

Question 1

What is an 'International Search Report' (ISR) in the PCT process, and who prepares it?

Accepted Answer

A prior art search identifying relevant documents; prepared by an International Searching Authority (ISA)

Answer

The International Search Report (ISR) is a list of prior art documents considered relevant to the PCT application's claims, prepared by an International Searching Authority (ISA) such as the USPTO, EPO, or JPO.

Question 2

What is 'Chapter II' of the PCT and what additional procedure does it offer?

Accepted Answer

An optional International Preliminary Examination providing a more detailed patentability assessment before national phase entry

Answer

PCT Chapter II offers an optional International Preliminary Examination (IPEA) that provides a deeper patentability assessment through demand filing, giving applicants more information before entering the national phase.

Question 3

What is the 'European Patent Office' (EPO) regional phase, and how does it differ from direct national filings in Europe?

Accepted Answer

The EPO processes a single application to grant a European patent validated in multiple member states, avoiding separate filings in each country

Answer

By filing at the EPO under the European Patent Convention (EPC), an applicant can pursue a single examination process that results in a European patent validated in selected EPC member states, rather than filing separately in each country.

Question 4

What does 'national phase entry' require in the US for an international PCT application?

Accepted Answer

Payment of the national fee, an English translation if required, and fulfillment of 35 U.S.C. § 371 requirements

Answer

Entering the US national phase under 35 U.S.C. § 371 requires paying the national fee, submitting an English translation (if the international application was not in English), and meeting other formality requirements within the 30-month deadline.

Question 5

Which international organization administers the PCT system and maintains the International Bureau?

Accepted Answer

World Intellectual Property Organization (WIPO)

Answer

The World Intellectual Property Organization (WIPO), a specialized agency of the United Nations based in Geneva, administers the PCT and operates as the International Bureau that coordinates all PCT filings.

(PPC) Patent Paralegal Certification Practice Test

(PPC) Patent Paralegal Certification Practice Test

PPC PPC International Patent Systems & PCT 2