Question 7
Domain 4: Post-Grant Proceedings, Appeals, and International Patent LawA PCT international application is filed. What is the purpose of the International Search Report (ISR)?
Correct answer: B
Explanation
Under the PCT, the International Search Report identifies prior art relevant to the claimed invention, helping assess novelty and inventive step. It is paired with the written opinion, which provides an initial view on patentability, so the ISR serves to "identify relevant prior art and provide an opinion on patentability."
Why each option is right or wrong
A. To grant a patent in all designated countries
B. To identify relevant prior art and provide an opinion on patentability
Under PCT Article 15 and Rule 43, the International Searching Authority must establish an International Search Report listing the prior art documents considered relevant to the claimed invention, with the report issued within the prescribed search phase timetable (normally by 3 months from receipt of the search copy or 9 months from priority, whichever is later). The search is paired with the written opinion under Rule 43bis, which gives the initial, non-binding assessment of novelty, inventive step, and industrial applicability; together these are used to inform patentability, not to grant rights.
C. To determine inventorship
D. To set the filing fee for each national phase entry