When does the International Preliminary Examining Authority start the examination?
According to MPEP 1879.01, the International Preliminary Examining Authority starts the examination when it has received all of the following:
- The demand
- Full payment of the handling fee and preliminary examination fee (including any late payment fees)
- Either the international search report or a declaration that no such report will be established, along with the written opinion under Rule 43bis.1
However, there are exceptions to this rule. For example, “the applicant expressly requests to postpone the start of the international preliminary examination until the expiration of the applicable time limit under Rule 54bis.1(a).” Additionally, if the same office acts as both the International Searching Authority and International Preliminary Examining Authority, the examination may start concurrently with the international search, subject to certain conditions.
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