What is an international-type search, and how does it relate to U.S. national applications?
An international-type search is a search conducted on a national patent application that is similar in scope to an international search conducted for PCT applications. In the context of U.S. national applications, the United States Patent and Trademark Office (USPTO) automatically performs an international-type search on all U.S. national applications filed on and after June 1, 1978.
According to MPEP 1819:
“The United States Patent and Trademark Office performs an international-type search on all U.S. national applications filed on and after June 1, 1978. No specific request by the applicant is required and no number identifying the international-type search is assigned by the Office.”
This practice is also referenced in 37 CFR 1.104(a)(3), which states that the international-type search will be made to the extent appropriate for the particular application.
The automatic performance of an international-type search on U.S. national applications can be beneficial for applicants who later decide to file a PCT application, as they can request the International Searching Authority to consider the results of this earlier search, potentially streamlining the international search process.
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