MPEP § 1872 — Availability of the International Application File for International Preliminary Examination by the Examining Corps (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 1872, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Availability of the International Application File for International Preliminary Examination by the Examining Corps
This section addresses Availability of the International Application File for International Preliminary Examination by the Examining Corps.
Key Rules
Conditional Requirements (1)
Where the International Preliminary Examining Authority is part of the same national Office or intergovernmental organization as the International Searching Authority, the same file shall serve the purposes of international search and international preliminary examination.
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1872 — Availability of the International Application File for International Preliminary Examination by the Examining Corps
Source: USPTO1872 Availability of the International Application File for International Preliminary Examination by the Examining Corps [R-08.2012]
PCT Administrative Instructions Section 605.
File to be used for International Preliminary Examination
Where the International Preliminary Examining Authority is part of the same national Office or intergovernmental organization as the International Searching Authority, the same file shall serve the purposes of international search and international preliminary examination.
After the PCT International Application Processing Division has finished processing the documents and fees filed with a complete demand, the international application is docketed to an examiner in the appropriate Technology Center for examination. If the USPTO was the International Searching Authority for the international application, the same file used for purposes of the international search will be used for purposes of international preliminary examination.