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1852    Taking Into Account Results of Earlier Search(es) [R-08.2012]

PCT Rule 41

Taking into Account Results of Earlier Search

41.1. Taking into Account Results of Earlier Search

Where the applicant has, under Rule 4.12 , requested the International Searching Authority to take into account the results of an earlier search and has complied with Rule 12 bis.1 and:

  • (i) the earlier search was carried out by the same International Searching Authority, or by the same Office as that which is acting as the International Searching Authority, the International Searching Authority shall, to the extent possible, take those results into account in carrying out the international search;
  • (ii) the earlier search was carried out by another International Searching Authority, or by an Office other than that which is acting as the International Searching Authority, the International Searching Authority may take those results into account in carrying out the international search.

37 C.F.R. 1.104  Nature of examination.

  • "" (a) Examiner’s action .

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  • (3) An international-type search will be made in all national applications filed on and after June 1, 1978.
  • (4) Any national application may also have an international-type search report prepared thereon at the time of the national examination on the merits, upon specific written request therefor and payment of the international-type search report fee set forth in § 1.21 (e). The Patent and Trademark Office does not require that a formal report of an international-type search be prepared in order to obtain a search fee refund in a later filed international application.

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PCT Rule 4.12 provides that the applicant may request that the results of an earlier international, international-type or national search carried out by the same or another International Searching Authority or by a national Office be used in establishing an international search report on such international application. See MPEP § 1819 . An international-type search is conducted on all U.S. national nonprovisional applications filed after June 1, 1978. Upon specific request, at the time of the examination of a U.S. national nonprovisional application and provided that the payment of the appropriate international-type search report fee has been made ( 37 CFR 1.21(e) ) an international-type search report Form PCT/ISA/201 will also be prepared.

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Last Modified: 03/27/2014 10:10:33