This page consolidates MPEP guidance interpreting PCT Rule 42, 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 Time Limit for International Search requires that an international search report and written opinion be issued by the International Searching Authority within 3 months of receiving the search copy, typically around 16 months from the filing date.

What this section covers

• This section covers the issuance of an international search report and written opinion by the International Searching Authority.

Key obligations

• Practitioners must ensure that the International Searching Authority issues an international search report and written opinion within 3 months of receiving the search copy.
• The international search report and written opinion must be issued within 16 months from the filing date of the application.

Practice notes

• Practitioners should ensure timely submission of the search copy to avoid delays in receiving the international search report and written opinion.
• Failure to meet the time limit may result in the loss of rights or invalidation of claims, highlighting the importance of adhering to these deadlines.

Related Provisions

• PCT Rule 44
• PCT Article 33
• PCT Rule 43
• PCT Article 17
• 37 CFR § 1.475

Based on MPEP Last Modified: 10/30/2024 08:50:22