PCT Yearly Review - WIPO

Annexes
2. the establishment of an ISR and a written opinion
by an ISA;
3. the publication of the PCT application and related
documents, as well as their communication to designated
and elected offices by the IB;
4. the optional establishment of an SISR by a SISA; and
5. the optional establishment of an IPRP by an IPEA.
National Phase Entry (NPE): The entry of a PCT application
into the national phase before a national or
regional patent office. National phase entry involves the
payment of fees and, where necessary, the submission
of a translation of the PCT application. It must take place
within 30 months from the priority date of the application,
although longer time periods are allowed by some offices.
International Preliminary Examining Authority (IPEA):
A national or regional patent office appointed by the
PCT Assembly to carry out international preliminary
examination. Its task is to establish the IPRP (Chapter
II of the PCT).
National Phase under the PCT: Following the PCT
international phase, the national phase consists of the
processing of the application before each national or
regional patent office in which the applicant seeks protection
for an invention.
International Preliminary Report on Patentability
(Chapter II of the PCT) (IPRP): A preliminary, non-binding
opinion, established by an IPEA at the request of the
applicant, on whether the claimed invention appears to
be novel, to involve an inventive step (to be non-obvious)
and to be industrially applicable. Prior to January 1, 2004,
this report was known as the “International Preliminary
Examination Report”.
International Search Report (ISR): A report established
by an ISA containing citations of documents (prior art)
considered to be relevant for determining, in particular,
the novelty and inventive step of the invention as claimed.
The ISR also includes the classification of the subject
matter of the invention and an indication of the fields
searched as well as any electronic databases searched.
International Searching Authority (ISA): A national
patent office or intergovernmental organization appointed
by the PCT Assembly to carry out international
searches. ISAs establish ISRs and written opinions on
PCT applications.
Invention: A new solution to a technical problem. To
obtain patent rights an invention must be novel, involve
an inventive step and be industrially applicable, as judged
by a person skilled in the art.
Non-Resident Filing: For statistical purposes, a patent
application filed with a national patent office by an
applicant from a foreign country. For example, a patent
application filed with the USPTO by an applicant residing
in France is considered a non-resident filing from
the perspective of the US. A “non-resident filing” is the
opposite of a “filing abroad”, which describes a patent
application filed by the resident of a given country with
a foreign patent office from the perspective of the applicant’s
origin. A “non-resident filing” is also known as
a “foreign filing”.
Paris Convention: An international convention (the Paris
Convention for the Protection of Industrial Property)
signed in Paris, France, on March 20, 1883, it is one
of the first and most important intellectual property (IP)
treaties. The Paris Convention establishes, among other
things, the “right of priority” principle, which enables a
patent applicant to claim a priority of up to 12 months
when filing an application in countries other than the
original country of filing.
Patent: An exclusive right granted by law to an applicant
for an invention for a limited period of time (generally 20
years from the time of filing). The patent holder has the
exclusive right to commercially exploit the invention for
the duration of the patent term. In return, the applicant is
obliged to disclose the invention to the public in a man-
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