MPEP § 1840 — The International Searching Authority (Annotated Rules)

§1840 The International Searching Authority

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1840, 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.

The International Searching Authority

This section addresses The International Searching Authority. Primary authority: 35 U.S.C. 362, 37 CFR 1.413, and 37 CFR 1.413). Contains: 3 requirements, 2 permissions, and 4 other statements.

Key Rules

Topic

International Stage Fees

4 rules
StatutoryRequiredAlways
[mpep-1840-9442bae4b33006ba0462b5bc]
Search Fee Must Be Paid to USPTO Within One Month
Note:
The international search fee for the selected ISA must be paid to the USPTO as a receiving office within one month from the time of receipt of the international application.

The international search fee for the selected ISA must be paid to the USPTO as a receiving Office within one month from the time of receipt of the international application. The search fee amounts for the competent International Searching Authorities are found in each weekly edition of the Official Gazette in United States dollars. The search fee will change as costs and exchange rates require. If exchange rates fluctuate significantly, the fee may change frequently. Notice of changes will be published in the Official Gazette shortly before the effective date of any change.

Jump to MPEP Source · 37 CFR 1.413International Stage FeesNational Stage FeesReceiving Office (RO/US)
StatutoryInformativeAlways
[mpep-1840-ca3af31bc93fc96a15df0c13]
Search Fees Found in Official Gazette
Note:
The search fees for International Searching Authorities are published weekly in the United States dollars in the Official Gazette.

The international search fee for the selected ISA must be paid to the USPTO as a receiving Office within one month from the time of receipt of the international application. The search fee amounts for the competent International Searching Authorities are found in each weekly edition of the Official Gazette in United States dollars. The search fee will change as costs and exchange rates require. If exchange rates fluctuate significantly, the fee may change frequently. Notice of changes will be published in the Official Gazette shortly before the effective date of any change.

Jump to MPEP Source · 37 CFR 1.413International Stage FeesNational Stage FeesNationals and Residents
StatutoryInformativeAlways
[mpep-1840-d24ccedf089a954333fa1f1c]
Search Fee Varies With Costs and Exchange Rates
Note:
The international search fee for the United States International Searching Authority must be paid in U.S. dollars and may change due to cost adjustments or exchange rate fluctuations.

The international search fee for the selected ISA must be paid to the USPTO as a receiving Office within one month from the time of receipt of the international application. The search fee amounts for the competent International Searching Authorities are found in each weekly edition of the Official Gazette in United States dollars. The search fee will change as costs and exchange rates require. If exchange rates fluctuate significantly, the fee may change frequently. Notice of changes will be published in the Official Gazette shortly before the effective date of any change.

Jump to MPEP Source · 37 CFR 1.413International Stage FeesNational Stage FeesInternational Searching Authority (ISA)
StatutoryPermittedAlways
[mpep-1840-6280265526317184945f0319]
Additional Search Fee for Each Invention
Note:
ISA may invite applicants to pay an additional search fee in the currency accepted by ISA for each invention not complying with unity of invention.

If the selected ISA considers that the international application does not comply with the requirement of unity of invention as set forth in PCT Rule 13, the ISA may invite applicants to timely pay directly to it an additional search fee in the currency accepted by the ISA for each additional invention.

Jump to MPEP Source · 37 CFR 1.413International Stage FeesNational Stage FeesInternational Searching Authority (ISA)
Topic

Article 19 Amendment Scope

2 rules
StatutoryPermittedAlways
[mpep-1840-02729e33d24df90b362cd87f]
USPTO as International Searching Authority for PCT Applications
Note:
The United States Patent and Trademark Office will act as an International Searching Authority for international patent applications filed in the United States, subject to agreement with other Receiving Offices.

(a) Pursuant to appointment by the Assembly, the United States Patent and Trademark Office will act as an International Searching Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by the Director, in accordance with the agreement between the Patent and Trademark Office and the International Bureau (PCT Art. 16(3)(b)).

Jump to MPEP Source · 37 CFR 1.413Article 19 Amendment ScopeNationals and ResidentsReceiving Office (RO/US)
StatutoryRequiredAlways
[mpep-1840-ebb3fc37a2c807c807f8efa3]
Applicant Must Choose International Searching Authority on Filing
Note:
The applicant is required to select the International Searching Authority when filing an international application with the USPTO or IB.

In respect of international applications filed with the U.S. Receiving Office, the United States International Searching Authority is competent to carry out the international search (PCT Article 16, PCT Rules 35 and 36, 35 U.S.C. 362 and 37 CFR 1.413). The European Patent Office (EPO), the Korean Intellectual Property Office (KIPO), the Australian Patent Office (IP Australia) (IPAU), the Israel Patent Office (ILPO), the Japan Patent Office (JPO), and the Intellectual Property Office of Singapore (IPOS) may also be competent to carry out the international search (PCT Article 16, PCT Rules 35 and 36) for international applications filed with the U.S. Receiving Office. The choice of International Searching Authority (ISA) must be made by the applicant on filing the international application. See MPEP §§ 1840.01 – 1840.07 for further information regarding the competency of the EPO, KIPO, IPAU, ILPO, JPO, and IPOS as an International Searching Authority for applications filed by U.S. nationals or residents in the USPTO or in the International Bureau (IB) as receiving Office.

Jump to MPEP Source · 37 CFR 1.413)Article 19 Amendment ScopeReceiving Office (RO/US)International Searching Authority (ISA)
Topic

International Searching Authority (ISA)

2 rules
StatutoryInformativeAlways
[mpep-1840-ab591fab61f8fd1d52d95055]
Functions of International Searching Authority
Note:
The International Searching Authority must approve titles and abstracts, assess unity of invention, conduct searches, prepare search reports and opinions, and transmit reports to applicants.
(c) The major functions of the International Searching Authority include:
  • (1) Approving or establishing the title and abstract;
  • (2) Considering the matter of unity of invention;
  • (3) Conducting international and international-type searches and preparing international and international-type search reports (PCT Art. 15, 17 and 18, and PCT Rules 25, 33 to 45 and 47), and issuing declarations that no international search report will be established (PCT Article 17(2)(a));
  • (4) Preparing written opinions of the International Searching Authority in accordance with PCT Rule 43bis (when necessary); and
  • (5) Transmitting the international search report and the written opinion of the International Searching Authority to the applicant and the International Bureau.
Jump to MPEP Source · 37 CFR 1.413International Searching Authority (ISA)International SearchArticle 19 Amendment Scope
StatutoryInformativeAlways
[mpep-1840-4c15bc1b0ada16efbf162f28]
Notice of Search Fee Changes Published Shortly Before Effective Date
Note:
The search fee for the United States International Searching Authority will be published in the Official Gazette before any changes become effective.

The international search fee for the selected ISA must be paid to the USPTO as a receiving Office within one month from the time of receipt of the international application. The search fee amounts for the competent International Searching Authorities are found in each weekly edition of the Official Gazette in United States dollars. The search fee will change as costs and exchange rates require. If exchange rates fluctuate significantly, the fee may change frequently. Notice of changes will be published in the Official Gazette shortly before the effective date of any change.

Jump to MPEP Source · 37 CFR 1.413International Searching Authority (ISA)International SearchInternational Stage Fees
Topic

Nationals and Residents

2 rules
StatutoryInformativeAlways
[mpep-1840-e776027184b41b1c74093511]
USPTO Acts as International Searching Authority for PCT Applications
Note:
The United States Patent and Trademark Office is appointed to conduct international searches and issue search reports for patent applications filed under the Patent Cooperation Treaty.

The United States Patent and Trademark Office (USPTO) agreed to and was appointed by the PCT Assembly, to act as an International Searching Authority. As such an Authority, the primary functions are to establish (1) international search reports and (2) for international applications having an international filing date on or after January 1, 2004, written opinions. See PCT Article 16 and PCT Rule 43bis.

Jump to MPEP Source · 37 CFR 1.413Nationals and ResidentsInternational Searching Authority (ISA)International Search
StatutoryInformativeAlways
[mpep-1840-981eee171b7691e4aa53d298]
U.S. ISA Conducts International Searches for U.S.-Filed Applications
Note:
The United States International Searching Authority is responsible for conducting international searches on applications filed with the U.S. Receiving Office.

In respect of international applications filed with the U.S. Receiving Office, the United States International Searching Authority is competent to carry out the international search (PCT Article 16, PCT Rules 35 and 36, 35 U.S.C. 362 and 37 CFR 1.413). The European Patent Office (EPO), the Korean Intellectual Property Office (KIPO), the Australian Patent Office (IP Australia) (IPAU), the Israel Patent Office (ILPO), the Japan Patent Office (JPO), and the Intellectual Property Office of Singapore (IPOS) may also be competent to carry out the international search (PCT Article 16, PCT Rules 35 and 36) for international applications filed with the U.S. Receiving Office. The choice of International Searching Authority (ISA) must be made by the applicant on filing the international application. See MPEP §§ 1840.01 – 1840.07 for further information regarding the competency of the EPO, KIPO, IPAU, ILPO, JPO, and IPOS as an International Searching Authority for applications filed by U.S. nationals or residents in the USPTO or in the International Bureau (IB) as receiving Office.

Jump to MPEP Source · 37 CFR 1.413)Nationals and ResidentsReceiving Office (RO/US)International Searching Authority (ISA)
Topic

International Filing Date

2 rules
StatutoryInformativeAlways
[mpep-1840-261af9badbefb5d046053406]
Requirement for International Search Reports and Written Opinions
Note:
The USPTO must establish international search reports and written opinions for international applications filed on or after January 1, 2004.

The United States Patent and Trademark Office (USPTO) agreed to and was appointed by the PCT Assembly, to act as an International Searching Authority. As such an Authority, the primary functions are to establish (1) international search reports and (2) for international applications having an international filing date on or after January 1, 2004, written opinions. See PCT Article 16 and PCT Rule 43bis.

Jump to MPEP Source · 37 CFR 1.413International Filing DateInternational Searching Authority (ISA)PCT International Application Filing
StatutoryInformativeAlways
[mpep-1840-5bbbc1e28591ada318350d3b]
Steps for International Applications at ISA
Note:
The main procedural steps that any international application goes through in the International Searching Authority include making an international search, preparing an international search report, and for applications filed on or after January 1, 2004, also including a written opinion.

The main procedural steps that any international application goes through in the International Searching Authority are (1) the making of the international search (PCT Article 15), (2) the preparing of the international search report (PCT Article 18 and PCT Rule 43) and (3) for international applications having an international filing date on or after January 1, 2004, the preparing of a written opinion of the International Searching Authority (PCT Rule 43bis).

Jump to MPEP Source · 37 CFR 1.413International Filing DateInternational Searching Authority (ISA)International Search Report
Topic

Receiving Office (RO/US)

2 rules
StatutoryInformativeAlways
[mpep-1840-abb9a30d0e2a991aabef99aa]
Search Copy Transmitted by Receiving Office to International Searching Authority
Note:
The search copy of a patent application is sent from the receiving office to the international searching authority as required by PCT Article 12(1) and detailed in PCT Rule 23.

The “search copy” is transmitted by the Receiving Office to the International Searching Authority (PCT Article 12(1)), the details of the transmittal are provided in PCT Rule 23.

Jump to MPEP Source · 37 CFR 1.413Receiving Office (RO/US)International Searching Authority (ISA)PCT International Application Filing
StatutoryPermittedAlways
[mpep-1840-06757c0db0855905a160b109]
International Searching Authorities for US Filing
Note:
The European Patent Office, Korean Intellectual Property Office, Australian Patent Office, Israel Patent Office, Japan Patent Office, and Intellectual Property Office of Singapore may perform international searches for applications filed with the U.S. Receiving Office.

In respect of international applications filed with the U.S. Receiving Office, the United States International Searching Authority is competent to carry out the international search (PCT Article 16, PCT Rules 35 and 36, 35 U.S.C. 362 and 37 CFR 1.413). The European Patent Office (EPO), the Korean Intellectual Property Office (KIPO), the Australian Patent Office (IP Australia) (IPAU), the Israel Patent Office (ILPO), the Japan Patent Office (JPO), and the Intellectual Property Office of Singapore (IPOS) may also be competent to carry out the international search (PCT Article 16, PCT Rules 35 and 36) for international applications filed with the U.S. Receiving Office. The choice of International Searching Authority (ISA) must be made by the applicant on filing the international application. See MPEP §§ 1840.01 – 1840.07 for further information regarding the competency of the EPO, KIPO, IPAU, ILPO, JPO, and IPOS as an International Searching Authority for applications filed by U.S. nationals or residents in the USPTO or in the International Bureau (IB) as receiving Office.

Jump to MPEP Source · 37 CFR 1.413)Receiving Office (RO/US)International Searching Authority (ISA)PCT International Application Filing
Topic

Filing, Search & Examination Fees

1 rules
StatutoryRequiredAlways
[mpep-1840-831d58fdda8c119b898aa0f5]
Preliminary Examination Fees Must Be Paid Within Time Set By Director
Note:
The handling fee, preliminary examination fee, and any additional fees for international preliminary examination must be paid within the time frame determined by the Director.

(b) The handling fee, preliminary examination fee, and any additional fees due for international preliminary examination shall be paid within such time as may be fixed by the Director.

Jump to MPEP SourceFiling, Search & Examination FeesMaintenance Fee AmountsFee Requirements
Topic

Patent Cooperation Treaty

1 rules
StatutoryInformativeAlways
[mpep-1840-41486cb7042280f9047b4ae9]
United States as International Searching Authority Requirement
Note:
The United States Patent and Trademark Office must act as the International Searching Authority for patent applications filed on or after January 1, 2004.

The United States Patent and Trademark Office (USPTO) agreed to and was appointed by the PCT Assembly, to act as an International Searching Authority. As such an Authority, the primary functions are to establish (1) international search reports and (2) for international applications having an international filing date on or after January 1, 2004, written opinions. See PCT Article 16 and PCT Rule 43bis.

Jump to MPEP Source · 37 CFR 1.413Patent Cooperation TreatyInternational Filing DateNationals and Residents
Topic

PCT Fees

1 rules
StatutoryPermittedAlways
[mpep-1840-03e5974d7c584af5d9774d88]
Exchange Rates May Change PCT Fees Frequently
Note:
The international search fee may change frequently if exchange rates fluctuate significantly.

The international search fee for the selected ISA must be paid to the USPTO as a receiving Office within one month from the time of receipt of the international application. The search fee amounts for the competent International Searching Authorities are found in each weekly edition of the Official Gazette in United States dollars. The search fee will change as costs and exchange rates require. If exchange rates fluctuate significantly, the fee may change frequently. Notice of changes will be published in the Official Gazette shortly before the effective date of any change.

Jump to MPEP Source · 37 CFR 1.413PCT FeesFee RequirementsInternational Searching Authority (ISA)

Citations

Primary topicCitation
Article 19 Amendment Scope
Nationals and Residents
Receiving Office (RO/US)
35 U.S.C. § 362
Article 19 Amendment Scope
Nationals and Residents
Receiving Office (RO/US)
37 CFR § 1.413
Article 19 Amendment Scope
Nationals and Residents
Receiving Office (RO/US)
MPEP § 1840.01
Receiving Office (RO/US)PCT Article 12(1)
International Stage FeesPCT Rule 13
International Filing DatePCT Article 15
Article 19 Amendment Scope
International Filing Date
Nationals and Residents
Patent Cooperation Treaty
Receiving Office (RO/US)
PCT Article 16
International Searching Authority (ISA)PCT Article 17(2)(a)
International Filing DatePCT Article 18
Receiving Office (RO/US)PCT Rule 23
International Searching Authority (ISA)PCT Rules 25
Article 19 Amendment Scope
Nationals and Residents
Receiving Office (RO/US)
PCT Rules 35
International Filing DatePCT Rule 43
International Filing Date
International Searching Authority (ISA)
Nationals and Residents
Patent Cooperation Treaty
PCT Rule 43bis

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.

BlueIron Last Updated: 2025-12-31