Can the international preliminary examination start at the same time as the international search?
Yes, under certain conditions, the international preliminary examination can start simultaneously with the international search. MPEP 1879.01 states:
“If the national Office or intergovernmental organization that acts as International Searching Authority also acts as International Preliminary Examining Authority, the international preliminary examination may, if that national Office or intergovernmental organization so wishes and subject to paragraphs (d) and (e), start at the same time as the international search.”
Furthermore, if the office acting as both authorities considers that all conditions of Article 34(2)(c)(i) to (iii) are met, they may choose not to establish a separate written opinion under Rule 43bis.1. This provision allows for a more streamlined examination process when the same office performs both the search and preliminary examination.
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