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