PCT Rule 62 — Copy of the Written Opinion by the International Searching (MPEP Index) – BlueIron IP
PCT Rule 62 Copy of the Written Opinion by the International Searching
This page consolidates MPEP guidance interpreting PCT Rule 62, including 5 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
This section covers the process of obtaining a copy of the written opinion from the International Searching Authority (ISA) and how it is forwarded to the applicant through the International Bureau.
What this section covers
- The section defines the process for obtaining a copy of the written opinion from the ISA, which is then sent to the applicant by the International Bureau.
Key obligations
- Practitioners must ensure that the original demand for a written opinion is properly submitted to the International Bureau.
- All necessary documents and fees must be included with the demand for a written opinion to avoid delays.
- The written opinion must be obtained in accordance with PCT Article 19 and Rule 62 of the MPEP.
Practice notes
- Ensure the demand for a written opinion is timely and complete to avoid delays in obtaining the ISA's written opinion.
- Review and understand the specific requirements for submitting the demand to avoid common pitfalls in obtaining the written opinion.
Official MPEP § 62 — Copy of the Written Opinion by the International Searching
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 62 Copy of the Written Opinion by the International Searching Authority and of Amendments under Article 19 for the International Preliminary Examining Authority
62.1 Copy of Written Opinion by International Searching Authority and of Amendments Made before the Demand Is Filed
Upon receipt of a demand, or a copy thereof, from the International Preliminary Examining Authority, the International Bureau shall promptly transmit to that Authority:
- (i) a copy of the written opinion established under Rule 43bis.1 , unless the national Office or intergovernmental organization that acted as International Searching Authority is also acting as International Preliminary Examining Authority; and
- (ii) a copy of any amendment under Article 19 , any statement referred to in that Article, and the letter required under Rule 46.5(b) , unless that Authority has indicated that it has already received such a copy.
62.2 Amendments Made after the Demand Is Filed
If, at the time of filing any amendments under Article 19 , a demand has already been submitted, the applicant shall preferably, at the same time as he files the amendments with the International Bureau, also file with the International Preliminary Examining Authority a copy of such amendments, any statement referred to in that Article and the letter required under Rule 46.5(b) . In any case, the International Bureau shall promptly transmit a copy of such amendments, statement and letter to that Authority.
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- Pct Amendments Article 19
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 |