International Phase

International Phase

In the international phase the International Searching Authority performs the search, and in respect of every international application filed on or after 1 January 2004, on the basis of the search the Authority establishes a preliminary and nonbinding written opinion on the patentability of the claimed invention, which are sent to the applicant. Afterwards the application will be published together with the international search report.

At special request, the international Preliminary Examination Authority prepares an international preliminary examination report, if the fee determined by the Treaty has been paid within the deadline and in a manner determined by law. The international preliminary examination report is essentially a preliminary opinion on the patentability of the invention, taking the data of the international searching report into consideration. Further information on the international phase can be obtained from the homepage of WIPO.
The applicant may amend the application not going beyond the scope of the international application as filed, after the searching report and occasionally the preliminary examination report have been handed over, but before starting the national phase. The factual granting procedure is conducted before the national offices in the national phase.