PCT Rule 35 — The Competent International Searching Authority (MPEP Coverage Index) – BlueIron IP
PCT Rule 35 The Competent International Searching Authority
This page consolidates MPEP guidance interpreting PCT Rule 35, including 3 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.
Official MPEP § 35 — The Competent International Searching Authority
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 35 The Competent International Searching Authority
35.1 When Only One International Searching Authority Is Competent
Each receiving Office shall, in accordance with the terms of the applicable agreement referred to in Article 16(3)(b) , inform the International Bureau which International Searching Authority is competent for the searching of the international applications filed with it, and the International Bureau shall promptly publish such information.
35.2 When Several International Searching Authorities Are Competent
- (a) Any receiving Office may, in accordance with the terms of
the applicable agreement referred to in
Article 16(3)(b)
,
specify several International Searching Authorities:
- (i) by declaring all of them competent for any international application filed with it, and leaving the choice to the applicant, or
- (ii) by declaring one or more competent for certain kinds of international applications filed with it, and declaring one or more others competent for other kinds of international applications filed with it, provided that, for those kinds of international applications for which several International Searching Authorities are declared to be competent, the choice shall be left to the applicant.
- (b) Any receiving Office availing itself of the faculty provided in paragraph (a) shall promptly inform the International Bureau, and the International Bureau shall promptly publish such information.
35.3 When the International Bureau Is Receiving Office under Rule 19.1 (a)(iii)
- (a) Where the international application is filed with the International Bureau as receiving Office under Rule 19.1(a)(iii) , an International Searching Authority shall be competent for the searching of that international application if it would have been competent had that international application been filed with a receiving Office competent under Rule 19.1(a)(i) or (ii) , (b) or (c) or Rule 19.2(i) .
- (b) Where two or more International Searching Authorities are competent under paragraph (a), the choice shall be left to the applicant.
- (c) Rules 35.1 and 35.2 shall not apply to the International Bureau as receiving Office under Rule 19.1(a)(iii) .