Who is responsible for notifying the International Bureau about a filed Demand?

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.

According to MPEP 1869, the responsibility for notifying the International Bureau about a filed Demand lies with the International Preliminary Examining Authority (IPEA). The MPEP states:

“The International Preliminary Examining Authority, pursuant to PCT Rule 61, promptly notifies the International Bureau and the applicant of the filing of any Demand.”

This means that:

  • The IPEA is the entity that receives the Demand for International Preliminary Examination.
  • Upon receipt, the IPEA is obligated to promptly notify both the International Bureau and the applicant.
  • This notification is a crucial step in the PCT process, ensuring that all relevant parties are informed of the applicant’s intention to proceed with international preliminary examination.
Tags: International Bureau, International Preliminary Examining Authority, Patent Cooperation Treaty, pct demand