PCT Rule 43bis — Written Opinion of the International Searching (MPEP Coverage Index) – BlueIron IP
PCT Rule 43bis Written Opinion of the International Searching
Source: Patent Cooperation Treaty (PCT)BlueIron Update:
This page consolidates MPEP guidance interpreting PCT Rule 43bis, including 27 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 ISA is required to conduct a prior art search and issue a written opinion in international applications under PCT Rule 43bis.
What this section covers
- This section covers the functions and requirements for the ISA to conduct a prior art search and issue a written opinion in international applications, as mandated by PCT Rule 43bis.
Key obligations
- The primary requirement is for the ISA to conduct a prior art search and issue a written opinion in international applications, as mandated by PCT Rule 43bis.
- The written opinion must include the name of the officer responsible for conducting the search and issuing the opinion, as required by PCT Rules 43bis.1 and 70.14.
- The ISA must comply with the requirements for starting an international preliminary examination, including having the demand and required fees in place.
Practice notes
- Practitioners should ensure that the written opinion includes all required elements, including a thorough search and the name of the responsible officer, to avoid delays in the international application process.
- Non-compliance with PCT Rule 43bis can lead to delays or rejection of the international application.
Official MPEP § 43bis — Written Opinion of the International Searching
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 43 bis Written Opinion of the International Searching Authority
43 bis.1 Written Opinion
- (a) Subject to
Rule
69.1(b-bis)
, the International
Searching Authority shall, at the same time as it establishes the
international search report or the declaration referred to in
Article
17(2)(a)
, establish a written opinion as to:
- (i) whether the claimed invention appears to be novel, to involve an inventive step (to be non-obvious), and to be industrially applicable;
- (ii) whether the international application complies with the requirements of the Treaty and these Regulations in so far as checked by the International Searching Authority.
The written opinion shall also be accompanied by such other observations as these Regulations provide for.
- (b) For the purposes of establishing the written opinion, Articles 33(2) to (6) and 35(2) and (3) and Rules 43.4 , 43.6bis , 64 , 65 , 66.1(e) , 66.7 , 67 , 70.2(b) and (d), 70.3 , 70.4(ii) , 70.5(a) , 70.6 to 70.10 , 70.12 , 70.14 and 70.15(a) shall apply mutatis mutandis.
- (c) The written opinion shall contain a notification informing the applicant that, if a demand for international preliminary examination is made, the written opinion shall, under Rule 66.1bis(a) but subject to Rule 66.1bis(b) , be considered to be a written opinion of the International Preliminary Examining Authority for the purposes of Rule 66.2(a) , in which case the applicant is invited to submit to that Authority, before the expiration of the time limit under Rule 54bis.1(a) , a written reply together, where appropriate, with amendments.
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- Pct Amendments Article 19
- Pct Description Claims
- Pct Filing
- Pct International Preliminary Examination
- Pct International Search