What is an international-type search in U.S. patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

An international-type search is a search conducted on U.S. nonprovisional patent applications that is similar in scope to an international search under the Patent Cooperation Treaty (PCT). According to MPEP 1852:

“An international-type search is conducted on all U.S. nonprovisional applications filed after June 1, 1978.”

This search is automatically performed for applications filed after June 1, 1978. Additionally, 37 CFR 1.104(a)(4) states:

“Any national application may also have an international-type search report prepared thereon at the time of the national examination on the merits, upon specific written request therefor and payment of the international-type search report fee set forth in § 1.21(e).”

This means that applicants can request an international-type search report for any national application, even those filed before June 1, 1978, by submitting a written request and paying the required fee.

Tags: international-type search, Patent Cooperation Treaty, patent examination, u.s. patent applications, USPTO