37 CFR § 1.413 — The United States International Searching (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.413 The United States International Searching
This page consolidates MPEP guidance interpreting 37 CFR § 1.413, including 16 rules 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.
Summary
The United States International Searching Authority (ISA) is responsible for approving or establishing the title and abstract of an invention, considering the unity of invention, and conducting international searches.
What this section covers
- Defines the major functions of the ISA, including approval or establishment of title and abstract, consideration of unity of invention, and conducting international searches.
Key obligations
- Ensure the ISA's approval of the title and abstract.
- Consider the unity of invention as set forth in PCT Rule 13.
- Adhere to PCT procedures and deadlines, including paying the international search fee within one month of receipt of the application.
Practice notes
- Ensure the title and abstract are clear and concise for ISA approval.
- Avoid ambiguity in the description of the invention to ensure compliance with unity of invention requirements.
Official MPEP § 1.413 — The United States International Searching
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.413 The United States International Searching Authority.
- (a) Pursuant to appointment by the Assembly, the United States Patent and Trademark Office will act as an International Searching Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by the Director, in accordance with the agreement between the Patent and Trademark Office and the International Bureau ( PCT Art. 16(3)(b) ).
- (b) The Patent and Trademark Office, when acting as an International Searching Authority, will be identified by the full title “United States International Searching Authority” or by the abbreviation “ISA/US.”
- (c) The major functions of the International Searching
Authority include:
- (1) Approving or establishing the title and abstract;
- (2) Considering the matter of unity of invention;
- (3) Conducting international and international-type searches and preparing international and international-type search reports ( PCT Art. 15 , 17 and 18 , and PCT Rules 25 , 33 to 45 and 47 ), and issuing declarations that no international search report will be established ( PCT Article 17(2)(a) );
- (4) Preparing written opinions of the International Searching Authority in accordance with PCT Rule 43bis (when necessary); and
- (5) Transmitting the international search report and the written opinion of the International Searching Authority to the applicant and the International Bureau.
[Para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; paras. (a) & (c) revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004]
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- Pct Amendments Article 19
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- Pct Filing
- Pct International Search
| MPEP Section | Rules |
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| MPEP § 1840 |