Who can serve as the International Preliminary Examining Authority (IPEA) for U.S. applicants?

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.

For U.S. residents and nationals, the choice of International Preliminary Examining Authority (IPEA) depends on which office served as the International Searching Authority (ISA). According to MPEP 1865:

• The USPTO (IPEA/US) will serve if the USPTO, EPO, KIPO, IP Australia, Rospatent, ILPO, JPO or IPOS served as the ISA.
• KIPO or Rospatent can be chosen if the USPTO, EPO, KIPO, IP Australia, Rospatent, ILPO, JPO, or IPOS served as the ISA.
• The EPO can be chosen if the EPO served as the ISA.
• IP Australia can be chosen if it served as the ISA and has not received more than 250 international applications from the USPTO during the fiscal quarter.
• ILPO can be chosen if it served as the ISA, subject to certain subject matter restrictions.
• The JPO can be chosen if it served as the ISA.
• IPOS can be chosen if it served as the ISA.