37 CFR § 1.453 — Transmittal of documents relating to (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.453 Transmittal of documents relating to
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.453, including 0 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.
Official MPEP § 1.453 — Transmittal of documents relating to
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.453 Transmittal of documents relating to earlier search or classification.
- (a) Subject to paragraph (c) of this section, where an applicant has requested in an international application filed with the United States Receiving Office pursuant to PCT Rule 4.12 that an International Searching Authority take into account the results of an earlier search, the United States Receiving Office shall prepare and transmit to the International Searching Authority, as applicable, a copy of the results of the earlier search and any earlier classification as provided under PCT Rule 23bis.1 .
- (b) Subject to paragraph (c) of this section, where an international application filed with the United States Receiving Office claims the priority of an earlier application filed with the USPTO in which the USPTO has carried out an earlier search or has classified such earlier application, the United States Receiving Office shall prepare and transmit to the International Searching Authority a copy of the results of any such earlier search and earlier classification as provided under PCT Rule 23bis.2 .
- (c) The United States Receiving Office will
not prepare a copy of the results of an earlier search or earlier
classification referred to in paragraphs (a) and (b) of this
section for transmittal to an International Searching Authority
from an application preserved in confidence (§
1.14
) unless the international application
contains written authority granting the International Searching
Authority access to such results. Written authority provided under
this paragraph must be signed by:
- (1) An applicant in the international application who is also an applicant in the application preserved in confidence; or
- (2) A person set forth in § 1.14(c) permitted to grant access to the application preserved in confidence.
[Added 82 FR 24249, May 26, 2017, effective July 1, 2017]