What is the deadline for filing a demand for international preliminary examination in a PCT application?
The demand for international preliminary examination is an optional step in the PCT process that can provide additional benefits to applicants. MPEP 1842 outlines the deadline for filing this demand:
“A demand for international preliminary examination must be filed prior to the expiration of whichever of the following periods expires later: (A) three months from the date of transmittal to the applicant of the international search report and the written opinion; or (B) 22 months from the priority date. Otherwise the demand shall be considered as if it had not been submitted and the International Preliminary Examining Authority shall so declare. See PCT Rule 54.”
The MPEP also notes an important consideration: “In order to take advantage of a national phase entry time limit of at least 30 months from the priority date in relation to all States designated in the international application, it may be necessary to file a demand before the expiration of 19 months from the priority date.”
This means that applicants should carefully consider their strategy and timeline when deciding whether and when to file a demand for international preliminary examination.
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