What happens if a Demand is filed with an incompetent International Preliminary Examining Authority?
If a Demand is filed with an International Preliminary Examining Authority that is not competent for the international preliminary examination of a particular international application, there is a safeguard process in place. According to MPEP 1865:
“PCT Rule 59.3 provides a safeguard in the case of a Demand filed with an International Preliminary Examining Authority which is not competent for the international preliminary examination of a particular international application. The USPTO will forward such a Demand to the International Bureau and the International Bureau will forward the Demand to a competent International Preliminary Examining Authority pursuant to PCT Rule 59.3(c).”
This ensures that the Demand will be processed by a competent authority, with the date of receipt at the USPTO being used as the basis for processing.
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