PCT Rule 23 — Transmittal of the Search Copy, Translation and Sequence (MPEP Index) – BlueIron IP
PCT Rule 23 Transmittal of the Search Copy, Translation and Sequence
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 23, including 4 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 process of transmitting search copies from the Receiving Office to the International Searching Authority, including translations and sequence listings if applicable.
What this section covers
- Defines the transmittal process for search copies from the Receiving Office to the International Searching Authority.
- Identifies that translations and sequence listings, if applicable, should be included in the transmittal package.
Key obligations
- Requires the Receiving Office to transmit search copies to the International Searching Authority as per PCT Article 12(1).
Practice notes
- Advise practitioners to ensure all required documents, including translations and sequence listings if applicable, are included in the transmittal package.
- Warn practitioners against omitting any required documents that could lead to delays or rejections in the international search process.
Official MPEP § 23 — Transmittal of the Search Copy, Translation and Sequence
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 23 Transmittal of the Search Copy, Translation and Sequence Listing
23.1 Procedure
- (a) Where no translation of the international application is required under Rule 12.3(a) , the search copy shall be transmitted by the receiving Office to the International Searching Authority at the latest on the same day as the record copy is transmitted to the International Bureau unless no search fee has been paid. In the latter case, it shall be transmitted promptly after payment of the search fee.
- (b) Where a translation of the international application is furnished under Rule 12.3 , a copy of that translation and of the request, which together shall be considered to be the search copy under Article 12(1) , shall be transmitted by the receiving Office to the International Searching Authority, unless no search fee has been paid. In the latter case, a copy of the said translation and of the request shall be transmitted promptly after payment of the search fee.
- (c) Any sequence listing in electronic form which is furnished for the purposes of Rule 13ter but submitted to the receiving Office instead of the International Searching Authority shall be promptly transmitted by that Office to that Authority.
- Pct
- Pct Filing
- Pct International Search
| MPEP Section | Rules |
|---|---|
| MPEP § 1834 | |
| MPEP § 1840 | |
| MPEP § 1844.01 |