What is the role of the International Bureau in the PCT election process?

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.

The International Bureau (IB) plays a crucial role in the PCT election process, as outlined in MPEP 1881. Its main responsibilities include:

  • Notifying elected Offices of the demand and elections
  • Sending the notification to elected Offices along with the Article 20 communication
  • Promptly notifying elections made after the initial communication
  • Informing the applicant in writing about the notification and the elected Offices notified
  • Facilitating early communication to elected Offices upon request

The MPEP states: “The notification provided for in Article 31(7) shall be effected by the International Bureau.” This emphasizes the IB’s central role in managing and distributing information related to PCT elections.

Tags: election process, International Bureau, Notification, PCT