PCT Rule 44 — Transmittal of the International Search Report, Written (MPEP Index) – BlueIron IP
PCT Rule 44 Transmittal of the International Search Report, Written
This page consolidates MPEP guidance interpreting PCT Rule 44, including 20 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 and requirements for amending claims after receiving an international search report, with a two-month amendment period from the date of transmittal.
What this section covers
- This section defines the process and requirements for filing amendments to claims within two months of receiving the international search report.
- It also provides guidance on how to respond within this specified time frame, ensuring compliance with PCT rules.
Key obligations
- Practitioners must file an amendment within two months of receiving the international search report.
- The amendment should include a brief statement explaining any changes made to the claims.
Practice notes
- Draft amendments clearly and concisely to ensure they are understood by the International Searching Authority (ISA).
- Failing to file amendments within the two-month period can result in losing the opportunity for further changes.
Official MPEP § 44 — Transmittal of the International Search Report, Written
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 44 Transmittal of the International Search Report, Written Opinion, Etc.
44.1 Copies of Report or Declaration and Written Opinion
The International Searching Authority shall, on the same day, transmit one copy of the international search report or of the declaration referred to in Article 17(2)(a) , and one copy of the written opinion established under Rule 43bis.1 to the International Bureau and one copy to the applicant.
44.2 Title or Abstract
The international search report shall either state that the International Searching Authority approves the title and the abstract as submitted by the applicant or be accompanied by the text of the title and/or abstract as established by the International Searching Authority under Rules 37 and 38 .
44.3 Copies of Cited Documents
- (a) The request referred to in Article 20(3) may be presented any time during seven years from the international filing date of the international application to which the international search report relates.
- (b) The International Searching Authority may require that the party (applicant or designated Office) presenting the request pay to it the cost of preparing and mailing the copies. The level of the cost of preparing copies shall be provided for in the agreements referred to in Article 16(3)(b) between the International Searching Authorities and the International Bureau.
- (c) [Deleted]
- (d) Any International Searching Authority may perform the obligations referred to in paragraphs (a) and (b) through another agency responsible to it.
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- Pct Amendments Article 19
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- Pct Description Claims
- Pct Filing
- Pct International Search
| MPEP Section | Rules |
|---|---|
| MPEP § 1801 | |
| MPEP § 1843.05 | |
| MPEP § 1856 |