Business & Commerce

PCT Informed Examination Request Pilot Program

🇺🇸United States··Notice·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The PCT Informed Examination Request Pilot Program is initiated by the USPTO to streamline the patent application process by requiring applicants to state their desire for examination based on international phase work products. This pilot aims to assess how such a requirement affects application inventory and examination efficiency. Selected applicants will need to indicate whether they want to proceed with examination, delay it for 12 months, or abandon their application altogether, influencing how quickly applications are processed based on available data from the international phase.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Establishment of a requirement for applicants to request examination based on PCT work products.
  • Options for applicants to proceed, delay, or abandon their applications.
  • Assessment of impacts on patent inventory and examination efficiency.

Obligations

What this law requires

high

Selected national stage patent applicants must respond to the USPTO requirement for information by indicating whether they opt to: (1) proceed with examination, (2) delay examination for 12 months, or (3) expressly abandon the application, based on review of international phase work products

Applicants with national stage patent applications selected for the PIER Pilot Program
operational
high

Selected applicants must submit a timely and complete reply to the requirement for information using the designated reply form within two months (extendable up to six months per 37 CFR 1.136(a)) to avoid abandonment

Applicants with national stage patent applications selected for the PIER Pilot Program
operational
low

If proceeding with examination, applicants may optionally file a preliminary amendment to place the application in better condition for examination

Applicants electing to proceed with examination under the PIER Pilot Program
operational
high

The USPTO must issue a requirement for information to selected applications that references applicable Patent Cooperation Treaty international phase work products (ISR, Written Opinion, and/or IPRP) in the application file

United States Patent and Trademark Office
operational
medium

The USPTO must select only unexamined national stage applications that have entered under 35 U.S.C. 371 and completed pre-examination processing for the PIER Pilot Program; applications filed under 35 U.S.C. 111(a), plant applications, design applications, and reissue applications are excluded

United States Patent and Trademark Office
operational

Affected Parties

Patent applicants under U.S. jurisdiction.Patent examiners at the USPTO.

Tags

PCT,patent examination,USPTO