MPEP § 1881 — Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office (Annotated Rules)
§1881 Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
This page consolidates and annotates all enforceable requirements under MPEP § 1881, 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.
Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
This section addresses Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office. Contains: 2 requirements.
Key Rules
International Filing Date
(b) The notification shall indicate the number and filing date of the international application, the name of the applicant, the filing date of the application whose priority is claimed (where priority is claimed) and the date of receipt by the International Preliminary Examining Authority of the demand.
Article 19 Amendment Scope
(d) Where the applicant makes an express request to an elected Office under Article 40(2) prior to the international publication of the international application, the International Bureau shall, upon request of the applicant or the elected Office, promptly effect the communication provided for in Article 20 to that Office.
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 § 1881 — Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
Source: USPTO1881 Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office [R-07.2015]
PCT Rule 61
Notification of the Demand and Elections
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61.2 Notification to the Elected Offices
- (a) The notification provided for in Article 31(7) shall be effected by the International Bureau.
- (b) The notification shall indicate the number and filing date of the international application, the name of the applicant, the filing date of the application whose priority is claimed (where priority is claimed) and the date of receipt by the International Preliminary Examining Authority of the demand.
- (c) The notification shall be sent to the elected Office together with the communication provided for in Article 20. Elections effected after such communication shall be notified promptly after they have been made.
- (d) Where the applicant makes an express request to an elected Office under Article 40(2) prior to the international publication of the international application, the International Bureau shall, upon request of the applicant or the elected Office, promptly effect the communication provided for in Article 20 to that Office.
61.3 Information for the Applicant
The International Bureau shall inform the applicant in writing of the notification referred to in Rule 61.2 and of the elected Offices notified under Article 31(7).
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All notices of election are received by the Office of PCT Operations from the International Bureau. The Office of PCT Operations prepares the appropriate records of the election when a request for national stage entry is received. The international preliminary examination report received by the USPTO will also be included in the national stage file. The international preliminary report on patentability is communicated to the elected Offices by the International Bureau.