This page consolidates MPEP guidance interpreting PCT Rule 45bis, including 28 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 request for supplementary international searches before the expiration of 22 months from the priority date, providing guidance on when and how to request ISA searches.

What this section covers

• This section covers the request for supplementary international searches before the expiration of 22 months from the priority date.

Key obligations

• The applicant must request one or more supplementary international searches at any time prior to 22 months from the priority date.
• The ISA will conduct a supplementary search if requested by the applicant, and this must be done in accordance with PCT Rule 45bis.
• The ISA is obligated to conduct a supplementary search if requested by the applicant within 22 months from the priority date.

Practice notes

• Practitioners should ensure the request for supplementary ISA search is made before 22 months from the priority date to avoid missing this critical opportunity.
• Practitioners should avoid requesting multiple supplementary ISA searches without a clear reason, as it may be seen as an abuse of the system.

Related Provisions

• 35 U.S.C. § 371
• 37 CFR § 1.97
• PCT Article 17
• PCT Rule 43
• PCT Article 19

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