How does the IPEA obtain a copy of the priority document in PCT applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. The International Preliminary Examining Authority (IPEA) can obtain a copy of the priority document in PCT applications through several means. MPEP 1870 outlines the process: “If the International Preliminary Examining Authority needs a copy of the earlier application whose priority is claimed in the international application, the International Bureau shall, on request, promptly furnish such copy.” Additionally, the IPEA may already have access to the priority document if: The earlier application was filed with the IPEA in its capacity as a national Office The priority document is available to the IPEA from a digital library in accordance with the Administrative Instructions If these options are not available and the applicant fails to provide the document, the examination may proceed as if priority was not claimed. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse International Bureau Must Provide Copy of Earlier Application on Request MPEP 1870 Required Competent International Preliminary Examining Authority Processes Demand Based on USPTO Receipt Date MPEP 1865 Priority Claim May Be Invalidated If Earlier Application Not Provided MPEP 1870 Permitted International Preliminary Exam Not Required for Computer Programs MPEP 1843.02 Translation Required for Priority Claim MPEP 1870 Permitted IPEA May Request IB for Priority Document Copy MPEP 1878 Permitted Translation Required for Priority Claim MPEP 1870 Permitted Translation Required for Non-English Priority Documents MPEP 1870 Required International Preliminary Exam Only After Previous Search MPEP 1875 Optional International Preliminary Examination MPEP 1842 Other Related FAQs 5 FAQs Collapse What happens if the ...