PCT National Phase Entry After a Negative International Search Report

Yes, a demand can still be filed, but the window is short. Under the PCT, the demand for international preliminary examination must be filed within 19 months from the priority date or within 3 months from the transmittal of the ISR, whichever expires later. The priority date is 20 September 2022, so 19 months is 20 April 2024. The ISR was issued on 5 December 2024, so 3 months is 5 March 2025. The later date is 5 March 2025. On 10 February 2025 the startup is still in time. Filing a demand will trigger international preliminary examination, but it does not extend the 30-month national phase deadline of 20 March 2025. The startup must still enter the Philippine national phase by that date. The demand is useful because it gives an additional examination opinion before national entry, but it cannot cure a missed national phase deadline. Counsel should file the demand only if there is enough time to prepare amendments and arguments, and should not let it distract from the 20 March filing.

The ISR is an international search opinion, not a binding Philippine decision. The Philippine examiner will conduct its own examination and may reach a different conclusion. However, the X citation is a serious signal: an X document is considered to affect novelty or inventive step on its own. If the 2019 US patent discloses every feature of the broadest claim, the claim will likely fail unless amended. The Y documents matter for inventive step and should be reviewed together with the X document. The startup should not treat the ISR as a final rejection, but it also should not enter the national phase with unchanged broad claims and expect the examiner to ignore the ISR. Counsel should prepare a claim chart mapping the X and Y documents against the claims, identify the features that are not disclosed, and draft amendments that incorporate those features from the specification. The national phase response should explain why the amended claims are novel and inventive over the cited art.

Counsel should complete four steps. First, file the Chapter II demand by 5 March 2025 if the startup wants preliminary examination, and submit amendments or arguments in that proceeding. Second, prepare the Philippine national phase entry before 20 March 2025: the request, the international application copy, the translation if required, the priority document, and the fees. Third, amend the claims to incorporate a specific feature from the specification that distinguishes the X document, and prepare a written argument under Philippine practice. Fourth, confirm the applicant and inventor details and check whether any assignment from the university or founders is needed. At the investor meeting, the CEO should not say 'pending PCT patent in the Philippines' if no national phase has been entered. The accurate statement is that the company has a pending PCT application designating the Philippines, that national phase entry is due on 20 March 2025, and that no Philippine patent has been granted. The CEO may say the technology is patent-pending, but should avoid implying that a Philippine patent has already been filed or issued.