What is the limitation on EPO’s international search for U.S. applications?
The European Patent Office (EPO) has a specific limitation when acting as an International Searching Authority for U.S. applications. According to MPEP 1840.01:
“[T]he EPO has limited competence to act as an International Searching Authority for certain international applications filed by nationals or residents of the United States. The EPO is not competent to search any international application filed by a national or resident of the United States in the USPTO or IB as receiving Office where one or more claims relates to the fields of biotechnology, business methods or telecommunication systems.”
This limitation means that if you are a U.S. national or resident filing an international application in these specific fields, the EPO cannot serve as your International Searching Authority.
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