What legal authorities govern the USPTO’s role as an International Preliminary Examining Authority?
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 United States Patent and Trademark Office’s (USPTO) role as an International Preliminary Examining Authority (IPEA) is governed by various legal authorities. According to MPEP 1862, these include:
- PCT Articles: 32(2) & (3), 34(1)
- PCT Rules: 59.1, 63.1, 72.1, and 77.1(a)
- U.S. Code: 35 U.S.C. 361(c), 362(a) & (b), and 364(a)
- Code of Federal Regulations: 37 CFR 1.416(a)
- PCT Administrative Instructions: Section 103(c)
These legal provisions establish the framework for the USPTO’s authority and responsibilities as an IPEA in the international patent examination process under the Patent Cooperation Treaty.