What is the role of the United States Patent and Trademark Office (USPTO) as an International Searching Authority?
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 USPTO, as an International Searching Authority, has two primary functions:
- Establish international search reports
- Prepare written opinions for international applications having an international filing date on or after January 1, 2004
According to MPEP 1840, “As such an Authority, the primary functions are to establish (1) international search reports and (2) for international applications having an international filing date on or after January 1, 2004, written opinions.” This is in accordance with PCT Article 16 and PCT Rule 43bis.