37 CFR § 1.416 — The United States International Preliminary (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.416 The United States International Preliminary
This page consolidates MPEP guidance interpreting 37 CFR § 1.416, including 8 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
The United States acts as an International Preliminary Examining Authority, receiving and checking for defects in Demands under PCT Rule 59.3.
What this section covers
- Outlines the major functions of the U.S. as an International Preliminary Examining Authority, including receiving and checking defects in Demands.
- Describes the process for forwarding Demands in accordance with PCT Rule 59.3.
Key obligations
- The obligation to receive and check for defects in the Demand.
- The requirement to forward Demands in accordance with PCT Rule 59.3.
Practice notes
- Advise practitioners to ensure all Demands are thoroughly checked for defects before submission.
- Warn against missing the deadline for forwarding Demands as per PCT Rule 59.3.
Official MPEP § 1.416 — The United States International Preliminary
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.416 The United States International Preliminary Examining Authority.
- (a) Pursuant to appointment by the Assembly, the United States Patent and Trademark Office will act as an International Preliminary Examining 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 agreement between the Patent and Trademark Office and the International Bureau.
- (b) The United States Patent and Trademark Office, when acting as an International Preliminary Examining Authority, will be identified by the full title “United States International Preliminary Examining Authority” or by the abbreviation “IPEA/US.”
- (c) The major functions of the International
Preliminary Examining Authority include:
- (1) Receiving and checking for defects in the Demand;
- (2) Forwarding Demands in accordance with PCT Rule 59.3 ;
- (3) Collecting the handling fee for the International Bureau and the preliminary examination fee for the United States International Preliminary Examining Authority;
- (4) Informing applicant of receipt of the Demand;
- (5) Considering the matter of unity of invention;
- (6) Providing an international preliminary examination report which is a non-binding opinion on the questions of whether the claimed invention appears: to be novel, to involve an inventive step (to be nonobvious), and to be industrially applicable; and
- (7) Transmitting the international preliminary examination report to applicant and the International Bureau.
[Added 52 FR 20047, May 28, 1987; para. (c) revised, 63 FR 29614, June 1, 1998, effective July 1998 (adopted as final, 63 FR 66040, Dec. 1, 1998); para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
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- Pct Amendments Article 19
- Pct International Preliminary Examination
| MPEP Section | Rules |
|---|---|
| MPEP § 1862 | |
| MPEP § 1865 |