2nd Year of IP5 PCT Collaborative Search and Examination Pilot to Start July 1, 2019

The 5 participating offices are the European Patent Office, Japan Patent Office, Korean Intellectual Property Office, National Intellectual Property Administration, PRC and the USPTO. On July 1, those offices that had reached their year one goals (the USPTO was one such ISA), will begin accepting applications for admission into the second year of the pilot. At a recent presentation including information on the CS&E, many attendees expressed reservations in participating in the program. Reservations included the lack of issuance of a single, cohesive report and thus, the possibility that relevant prior art may be identified in a peer report, but that is not then relied upon by the main ISA in the establishment of the ISR and WO. Also concerning was the possibility of delay in the receipt of the ISR. For those Applicants that anticipate filing in each of the IP5 offices in any event, the advantages of the CS&E may outweigh these reservations, at least while participation in the pilot is free.