How does the IPEA obtain a copy of the priority document in PCT applications?

The International Preliminary Examining Authority (IPEA) can obtain a copy of the priority document in PCT applications through several means. MPEP 1870 outlines the process:

“If the International Preliminary Examining Authority needs a copy of the earlier application whose priority is claimed in the international application, the International Bureau shall, on request, promptly furnish such copy.”

Additionally, the IPEA may already have access to the priority document if:

• The earlier application was filed with the IPEA in its capacity as a national Office
• The priority document is available to the IPEA from a digital library in accordance with the Administrative Instructions

If these options are not available and the applicant fails to provide the document, the examination may proceed as if priority was not claimed.

To learn more:

• IPEA
• priority document
• PCT application
• International Bureau