PCT Article 16 — – The International Searching Authority (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting PCT Article 16, including 34 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 Patent and Trademark Office (USPTO) acts as the International Searching Authority for PCT applications filed by U.S. nationals or residents, conducting a thorough search of prior art within 6 months.

What this section covers

The USPTO acts as the International Searching Authority for PCT applications submitted by U.S. nationals or residents.
The USPTO is responsible for conducting a search of prior art and preparing an International Search Report in accordance with PCT Article 16.

Key obligations

The USPTO must conduct a thorough search of prior art and prepare an International Search Report within 6 months from the date of receipt of the PCT application.
The USPTO must provide a copy of the International Search Report to the applicant and the International Bureau within the specified timeframe.
The USPTO must comply with PCT Article 16 and its implementing regulations in conducting the search.

Practice notes

Practitioners should ensure that the PCT application is properly filed with all required documents and information to facilitate a timely search by the USPTO.
Practitioners should review and understand the specific requirements of PCT Article 16 and its implementing regulations for conducting a thorough search.

Application Data Sheet Required for Assignee FilingMPEP 601.05(a)Required
Request to Update Applicant Name Must Include Application Data SheetMPEP 601.05(a)Required
Change of Applicant Name Effective for Design ApplicationsMPEP 601.05(a)
Application Data Sheet Required for Changing ApplicantMPEP 601.05(a)Required
Application Data Sheet Requirement for FilingMPEP 601.05(a)Required
Assignment Information Must Be Recorded Not Just ListedMPEP 601.05(a)
Applicant for National Stage Must Be Identified in International ApplicationMPEP 601.05(a)Required
Assignment Information Must Be Recorded for Legal EffectMPEP 601.05(a)Required
Refund Supplementary Search Fee If Request Not SubmittedMPEP 1856Required
Supplementary Search Must Cover Indicated DocumentationMPEP 1856Required
Supplementary International Search Competence RequirementMPEP 1856Required
ISA Not Competent for Supplementary SearchMPEP 1856Prohibited
Provisions Apply to International Preliminary Examining AuthoritiesMPEP 1862Required

Applicant Must Choose International Searching Authority on FilingMPEP 1840Required
Application Data Sheet Required for Assignee FilingMPEP 601.05(a)Required
Request to Update Applicant Name Must Include Application Data SheetMPEP 601.05(a)Required
Application Data Sheet Required for Changing ApplicantMPEP 601.05(a)Required
Application Data Sheet Requirement for FilingMPEP 601.05(a)Required
Application Data Sheet Required for Name ChangeMPEP 605.01Required
Corrected Application Data Sheet Must Identify ChangesMPEP 605.01Required
Name Change Must Be Recorded Before Issue Fee PaymentMPEP 2920.02Required
Applicant for National Stage Must Be Identified in International ApplicationMPEP 601.05(a)Required
Assignment Information Must Be Recorded for Legal EffectMPEP 601.05(a)Required
Refund Supplementary Search Fee If Request Not SubmittedMPEP 1856Required
Supplementary Search Must Cover Indicated DocumentationMPEP 1856Required
Supplementary International Search Competence RequirementMPEP 1856Required
Provisions Apply to International Preliminary Examining AuthoritiesMPEP 1862Required
Ownership Change Must Be Recorded with USPTOMPEP 2903Required

USPTO Acts as International Searching Authority for PCT ApplicationsMPEP 1840
Requirement for International Search Reports and Written OpinionsMPEP 1840
U.S. ISA Conducts International Searches for U.S.-Filed ApplicationsMPEP 1840
International Searching Authorities for US FilingMPEP 1840Permitted
Name Change Requirement for Nonprovisional International Design ApplicationMPEP 2920.02Permitted
Termination of Pending Nonprovisional International Design Application Upon US RenunciationMPEP 2930
Notification of Abandonment for US Design RenunciationMPEP 2930
United States as International Searching Authority RequirementMPEP 1840
Name Change Recorded in International Register Affects Design ApplicationMPEP 2920.02Permitted
United States Declaration for Change of OwnershipMPEP 2930
Partial Ownership Transfer Not Recorded in USMPEP 2930Prohibited
Partial Ownership Transfer Not Recorded In U.S.MPEP 2930
Name Change of Holder Treated as Applicant's ChangeMPEP 2930
Name Change Effective for Nonprovisional International Design ApplicationMPEP 605.01
Declaration for Delayed Effect of ChangeMPEP 2930Prohibited
Change of Name for Applicant in Design ApplicationMPEP 2930

MPEP Section	Rules
MPEP § 1840	USPTO Acts as International Searching Authority for PCT ApplicationsMPEP 1840 Requirement for International Search Reports and Written OpinionsMPEP 1840 U.S. ISA Conducts International Searches for U.S.-Filed ApplicationsMPEP 1840 International Searching Authorities for US FilingMPEP 1840Permitted Applicant Must Choose International Searching Authority on FilingMPEP 1840Required United States as International Searching Authority RequirementMPEP 1840
MPEP § 1856	Refund Supplementary Search Fee If Request Not SubmittedMPEP 1856Required Supplementary Search Must Cover Indicated DocumentationMPEP 1856Required Supplementary International Search Competence RequirementMPEP 1856Required ISA Not Competent for Supplementary SearchMPEP 1856Prohibited
MPEP § 1862	Provisions Apply to International Preliminary Examining AuthoritiesMPEP 1862Required
MPEP § 2903	Ownership Change Must Be Recorded with USPTOMPEP 2903Required
MPEP § 2920.02	Name Change Requirement for Nonprovisional International Design ApplicationMPEP 2920.02Permitted Name Change Must Be Recorded Before Issue Fee PaymentMPEP 2920.02Required Name Change Recorded in International Register Affects Design ApplicationMPEP 2920.02Permitted
MPEP § 2930	Termination of Pending Nonprovisional International Design Application Upon US RenunciationMPEP 2930 Notification of Abandonment for US Design RenunciationMPEP 2930 United States Declaration for Change of OwnershipMPEP 2930 Partial Ownership Transfer Not Recorded in USMPEP 2930Prohibited Partial Ownership Transfer Not Recorded In U.S.MPEP 2930 Name Change of Holder Treated as Applicant's ChangeMPEP 2930 Declaration for Delayed Effect of ChangeMPEP 2930Prohibited Change of Name for Applicant in Design ApplicationMPEP 2930
MPEP § 601.05(a)	Application Data Sheet Required for Assignee FilingMPEP 601.05(a)Required Request to Update Applicant Name Must Include Application Data SheetMPEP 601.05(a)Required Change of Applicant Name Effective for Design ApplicationsMPEP 601.05(a) Application Data Sheet Required for Changing ApplicantMPEP 601.05(a)Required Application Data Sheet Requirement for FilingMPEP 601.05(a)Required Assignment Information Must Be Recorded Not Just ListedMPEP 601.05(a) Applicant for National Stage Must Be Identified in International ApplicationMPEP 601.05(a)Required Assignment Information Must Be Recorded for Legal EffectMPEP 601.05(a)Required
MPEP § 605.01	Application Data Sheet Required for Name ChangeMPEP 605.01Required Corrected Application Data Sheet Must Identify ChangesMPEP 605.01Required Name Change Effective for Nonprovisional International Design ApplicationMPEP 605.01

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

PCT Article 16 — – The International Searching Authority (MPEP Coverage Index) – BlueIron IP

PCT Article 16 – The International Searching Authority

Summary

Official MPEP § 16 — – The International Searching Authority

Article 16 – The International Searching Authority

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions