35 U.S.C. § 362 — International Searching Authority and (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 362 International Searching Authority and
This page consolidates MPEP guidance interpreting 35 U.S.C. § 362, 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 defines the role of the United States International Searching Authority in conducting international searches for applications filed with the U.S. Receiving Office, adhering to PCT Article 16 requirements.
What this section covers
- Defines the role of the United States International Searching Authority in conducting international searches for applications filed with the U.S. Receiving Office.
Key obligations
- Ensure international applications filed with the U.S. Receiving Office are properly submitted for an international search by the United States International Searching Authority.
- Comply with PCT Article 16 requirements for conducting the international search by the U.S. International Searching Authority.
- Adhere to USC and CFR regulations regarding the conduct of international searches by the U.S. International Searching Authority.
Practice notes
- Ensure applications are complete and meet all PCT requirements before submission for an international search by the U.S. International Searching Authority.
- Be aware of potential delays in receiving the international search report if applications are not properly formatted or contain missing information.
Official MPEP § 362 — International Searching Authority and
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 362 International Searching Authority and International Preliminary Examining Authority.
- (a) The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all duties required of such Authorities, including the collection of handling fees and their transmittal to the International Bureau.
- (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.
(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 686; amended Nov. 8, 1984, Public Law 98-622, sec. 403 (a), 98 Stat. 3392; Nov. 6, 1986, Public Law 99-616, sec. 4, 100 Stat. 3485; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
- Fees
- Pct
- Pct Amendments Article 19
- Pct Filing
| MPEP Section | Rules |
|---|---|
| MPEP § 1840 |