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Janet Werner

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No obligation to issue a second opinion. Establishment of IPER even where the opinion is negative ... applicants respond to adverse opinions? Has there been a ... – PowerPoint PPT presentation

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Title: Janet Werner


1
Impact of Recent Changes to the PCT on Offices
Janet Werner
2
Significant Changes
  • Enhanced search and preliminary examination
    system
  • Time limit to enter the national phase

3
Impacts of Enhanced Search Examination System
  • Novelty and inventive step issues considered once
  • Full IPER only on request - workload reduction
  • Reduction in work required in the national phase

4
Consequences
  • No obligation to issue a second opinion
  • Establishment of IPER even where the opinion is
    negative
  • Applicant is not able to fix all problems in the
    international phase
  • Lower quality product

5
Outcomes
  • Extra costs for applicants and Offices
  • Prosecution of the amendments by individual
    Offices
  • Extra work to consider unamended applications
  • Increase in workload globally

6
Time Limit for National Phase Entry
  • Were demands for preliminary examination used
    only to buy time?
  • Did applicants respond to adverse opinions?
  • Has there been a decrease in demands?

7
Demand Statistics
8
Conclusions
  • Many applicants value IPERs
  • Amendments should be considered in the
    international phase
  • Changes to the PCT should retain the benefits of
    IPERs
  • Changes can provide savings for Offices
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