What is the agreement between the USPTO and the International Bureau regarding preliminary examination?
The United States Patent and Trademark Office (USPTO) has an agreement with the International Bureau (IB) to serve as an International Preliminary Examining Authority (IPEA). According to MPEP 1862:
“An agreement was concluded between the United States Patent and Trademark Office (USPTO) and the International Bureau under which the USPTO agreed to serve as an International Preliminary Examining Authority for those applications filed in the USPTO as a Receiving Office and for those international applications filed in other receiving Offices for which the USPTO has served as an International Searching Authority.”
This agreement is based on several PCT Articles and Rules, including:
- PCT Articles 32(2) & (3)
- PCT Article 34(1)
- PCT Rules 59.1, 63.1, 72.1, and 77.1(a)
The full text of the agreement is available on the WIPO website.
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