PCT Article 38 — – Confidential Nature of the International Preliminary (MPEP Index) – BlueIron IP
PCT Article 38 – Confidential Nature of the International Preliminary
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Article 38, including 2 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 covers the confidentiality measures for international applications under PCT Article 38, focusing on access to Home and Search Copies during national stage examination.
What this section covers
- The section addresses access to the Home Copy and the Search Copy of an international application.
Key obligations
- Ensure confidentiality of Home and Search Copies by limiting access to authorized personnel only.
Practice notes
- Secure Home and Search Copies by training all authorized personnel on confidentiality policies.
Official MPEP § 38 — – Confidential Nature of the International Preliminary
Source: USPTOLast Modified: 10/30/2024 08:50:22
Article 38 – Confidential Nature of the International Preliminary Examination
- (1) Neither the International Bureau nor the International Preliminary Examining Authority shall, unless requested or authorized by the applicant, allow access within the meaning, and with the proviso, of Article 30(4) to the file of the international preliminary examination by any person or authority at any time, except by the elected Offices once the international preliminary examination report has been established.
- (2) Subject to the provisions of paragraph (1) and Articles 36(1) and (3) and 37(3)(b) , neither the International Bureau nor the International Preliminary Examining Authority shall, unless requested or authorized by the applicant, give information on the issuance or nonissuance of an international preliminary examination report and on the withdrawal or non-withdrawal of the demand or of any election.