How does the USPTO’s policy differ from other International Searching Authorities regarding subject matter searches?
The USPTO’s policy on international searches differs significantly from other International Searching Authorities. According to MPEP 1843.02:
“The USPTO has declared that it will search and examine, in international applications, all subject matter searched and examined in U.S. national applications.“
This means that while other International Searching Authorities may choose not to search certain subject matters as allowed by PCT Rule 39, the USPTO has committed to a more comprehensive approach. This policy ensures that applicants filing through the USPTO as the International Searching Authority will receive a search comparable to that of a U.S. national application, regardless of the subject matter.
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