What role does the International Bureau play in correcting defects in a PCT Demand?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

The International Bureau plays a supportive role in identifying and addressing defects in PCT Demands. According to MPEP 1868, which cites PCT Rule 60.1(e):

“If the defect is noticed by the International Bureau, it shall bring the defect to the attention of the International Preliminary Examining Authority, which shall then proceed as provided in paragraphs (a) to (c).”

This means that if the International Bureau identifies a defect in a PCT Demand, it will notify the International Preliminary Examining Authority (IPEA). The IPEA will then follow the standard procedure for addressing defects, including inviting the applicant to correct the defect within a specified time limit.

Tags: International Bureau, international preliminary examination, Patent Application Process, pct demand