PCT Rule 73 — Communication of the International Preliminary Examination (MPEP Index) – BlueIron IP
PCT Rule 73 Communication of the International Preliminary Examination
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 73, including 2 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 § 73 — Communication of the International Preliminary Examination
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 73 Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority
73.1 Preparation of Copies
The International Bureau shall prepare the copies of the documents to be communicated under Article 36(3)(a) .
73.2 Communication to Elected Offices
- (a) The International Bureau shall effect the communication provided for in Article 36(3)(a) to each elected Office in accordance with Rule 93bis.1 but not before the expiration of 30 months from the priority date.
- (b) Where the applicant makes an express request to an elected
Office under
Article 40(2)
, the
International Bureau shall, upon the request of that Office or of the
applicant,
- (i) if the international preliminary examination report has already been transmitted to the International Bureau under Rule 71.1 , promptly effect the communication provided for in Article 36(3)(a) to that Office;
- (ii) if the international preliminary examination report has not been transmitted to the International Bureau under Rule 71.1 , promptly communicate a copy of the written opinion established by the International Searching Authority under Rule 43bis.1 to that Office.
- (c) Where the applicant has withdrawn the demand or any or all elections, the communication provided for in paragraph (a) shall nevertheless be effected, if the International Bureau has received the international preliminary examination report, to the elected Office or Offices affected by the withdrawal.