What happens if a Demand is filed with an incompetent International Preliminary Examining Authority?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a Demand is filed with an International Preliminary Examining Authority that is not competent for the international preliminary examination of a particular international application, there is a safeguard process in place. According to MPEP 1865 : “PCT Rule 59.3 provides a safeguard in the case of a Demand filed with an International Preliminary Examining Authority which is not competent for the international preliminary examination of a particular international application. The USPTO will forward such a Demand to the International Bureau and the International Bureau will forward the Demand to a competent International Preliminary Examining Authority pursuant to PCT Rule 59.3(c).” This ensures that the Demand will be processed by a competent authority, with the date of receipt at the USPTO being used as the basis for processing. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Competent International Preliminary Examining Authority Processes Demand Based on USPTO Receipt Date MPEP 1865 U.S. International Preliminary Examining Authority Will Process Demand MPEP 1865 Recommended Demand for International Preliminary Examination Forwarded to IB if USPTO Not Competent IPEA MPEP 1865 Demand for International Preliminary Examination Must Be Forwarded to Competent Authority MPEP 1865 Demand for International Preliminary Examination Must Be Forwarded MPEP 1865 Demand for International Preliminary Examination Must Be in English MPEP 1865 Required Demand for International Preliminary Examination Can Be Filed via Facsimile MPEP 1865 Permitted Demand for International Preliminary Examination Must Comply with Mailing Rules MPEP 1865 Demand for International Preliminary Exami...