How long can copies of cited documents be requested after filing?
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.
According to MPEP 1879.02, which cites PCT Rule 71.2(a), copies of cited documents can be requested for an extended period after the international filing date:
“The request under Article 36(4) may be presented any time during seven years from the international filing date of the international application to which the report relates.”
This seven-year period allows applicants and elected Offices ample time to obtain copies of documents cited in the International Preliminary Examination Report.