When should a Demand for International Preliminary Examination be filed?
According to MPEP 1865, the Demand 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.
The MPEP also notes: “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.”
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