MPEP § 1843 — MPEP § 1843
Current through: 2022-07-01

1843-The International Search 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1800 

 Section 1843 
 

 
 
 
 
 
 1843 The International Search [R-07.2015]

 
 PCT Article 17 

 Procedure Before the International
 Searching Authority 

 
 (1) Procedure before the International Searching Authority shall
 be governed by the provisions of this Treaty, the Regulations, and the
 agreement which the International Bureau shall conclude, subject to this
 Treaty and the Regulations, with the said Authority.
 

 (2) 
 
 (a) If the International Searching Authority
 considers:
 
 (i) that the international application relates
 to a subject matter which the International Searching
 Authority is not required, under the Regulations, to search,
 and in the particular case decides not to search, or
 

 (ii) that the description, the claims, or the
 drawings, fail to comply with the prescribed requirements to
 such an extent that a meaningful search could not be carried
 out, the said Authority shall so declare and shall notify
 the applicant and the International Bureau that no
 international search report will be established.
 

 
 

 (b) If any of the situations referred to in subparagraph
 (a) is found to exist in connection with certain claims only, the
 international search report shall so indicate in respect of such
 claims, whereas, for the other claims, the said report shall be
 established as provided in Article 18.
 

 
 

 (3) 
 
 (a) If the International Searching Authority considers
 that the international application does not comply with the
 requirement of unity of invention as set forth in the Regulations,
 it shall invite the applicant to pay additional fees. The
 International Searching Authority shall establish the international
 search report on those parts of the international application which
 relate to the invention first mentioned in the claims
 (
 "main
 invention"
 
 
 ) and, provided the required
 additional fees have been paid within the prescribed time limit, on
 those parts of the international application which relate to
 inventions in respect of which the said fees were paid.
 

 (b) The national law of any designated State may provide
 that, where the national Office of the State finds the invitation,
 referred to in subparagraph (a), of the International Searching
 Authority justified and where the applicant has not paid all
 additional fees, those parts of the international application which
 consequently have not been searched shall, as far as effects in the
 State are concerned, be considered withdrawn unless a special fee is
 paid by the applicant to the national Office of that State.
 

 
 

 
 

 
 PCT Rule 43bis 

 Written Opinion of the International
 Searching Authority 

 
 43 bis .1 Written Opinion
 

 
 (a) Subject to Rule 69.1(b-bis)
 , the International Searching Authority shall, at the
 same time as it establishes the international search report or the
 declaration referred to in Article 17(2)(a) ,
 establish a written opinion as to:
 
 (i) whether the claimed invention appears to be
 novel, to involve an inventive step (to be non-obvious), and to
 be industrially applicable;
 

 (ii) whether the international application complies
 with the requirements of the Treaty and these Regulations in so
 far as checked by the International Searching Authority.
 
 

 

 The written opinion shall also be accompanied by
 such other observations as these Regulations provide for.
 

 

 
 

 (b) For the purposes of establishing the written opinion,
 Articles 33(2) to (6) and 35(2) and (3) and Rules 43.4 , 
 43.6bis , 64 , 65 ,
 66.1(e) , 66.7 ,
 67 , 70.2(b) and
 (d) , 70.3 ,
 70.4(ii) , 70.5(a) ,
 70.6 to 70.10 ,
 70.12 , 70.14 and
 70.15(a) shall apply mutatis
 mutandis .
 

 (c) The written opinion shall contain a notification
 informing the applicant that, if a demand for international preliminary
 examination is made, the written opinion shall, under Rule
 66.1bis(a) but subject to
 
 Rule 66.1bis(b) , be considered
 to be a written opinion of the International Preliminary Examining
 Authority for the purposes of Rule 66.2(a) , in
 which case the applicant is invited to submit to that Authority, before
 the expiration of the time limit under Rule 54
 bis.1(a) , a written reply
 together, where appropriate, with amendments.
 

 
 

 

 The international search is a thorough, high quality search of the most
 relevant resources. Upon completion of the international search an international search
 report is established. The report provides information on the relevant prior art to the
 applicant, the public, the designated Offices, and the International Preliminary
 Examining Authority.
 

 PCT Article
 15 describes the objective of the international search, i.e., to
 uncover relevant prior art, and also describes the international-type search. It should
 be noted generally that an international-type search is performed on all U.S. national
 applications filed after June 1, 1978. 
 

 The written opinion indicates whether the claimed invention appears to
 be novel, to involve an inventive step (to be non-obvious), and to be industrially
 applicable. The written opinion also indicates any defects in the form or content of the
 international application under the PCT Articles or Regulations. In addition, the
 written opinion includes any observations that the International Searching Authority
 wishes to make on the clarity of the claims, the description, and the drawings, or on
 the question of whether the claims are fully supported by the description.
 

 
 1843.01 Prior Art for Chapter I Processing [R-10.2019]

 
 PCT Rule 33 

 Relevant Prior Art for the
 International Search 

 
 33.1 Relevant Prior Art for the International
 Search
 

 
 (a) For the purposes of Article
 15(2) , relevant prior art shall consist of
 everything which has been made available to the public anywhere in
 the world by means of written disclosure (including drawings and
 other illustrations) and which is capable of being of assistance in
 determining that the claimed invention is or is not new and that it
 does or does not involve an inventive step (i.e., that it is or is
 not obvious), provided that the making available to the public
 occurred prior to the international filing date. 
 

 (b) When any written disclosure refers to an oral
 disclosure, use, exhibition, or other means whereby the contents of
 the written disclosure were made available to the public, and such
 making available to the public occurred on a date prior to the
 international filing date, the international search report shall
 separately mention that fact and the date on which it occurred if
 the making available to the public of the written disclosure
 occurred on a date which is the same as, or later than, the
 international filing date.
 

 (c) Any published application or any patent whose
 publication date is the same as, or later than, but whose filing
 date, or, where applicable, claimed priority date, is earlier than
 the international filing date of the international application
 searched, and which would constitute relevant prior art for the
 purposes of Article 15(2) 
 had it been published prior to the international filing date, shall
 be specially mentioned in the international search report.
 

 
 

 

 
 33.2 Fields to Be Covered by the International
 Search
 

 
 (a) The international search shall cover all those
 technical fields, and shall be carried out on the basis of all those
 search files, which may contain material pertinent to the
 invention.
 

 (b) Consequently, not only shall the art in which the
 invention is classifiable be searched but also analogous arts
 regardless of where classified.
 

 (c) The question what arts are, in any given case, to be
 regarded as analogous shall be considered in the light of what
 appears to be the necessary essential function or use of the
 invention and not only the specific functions expressly indicated in
 the international application.
 

 (d) The international search shall embrace all subject
 matter that is generally recognized as equivalent to the subject
 matter of the claimed invention for all or certain of its features,
 even though, in its specifics, the invention as described in the
 international application is different.
 

 
 

 

 
 33.3 Orientation of the International
 Search
 

 
 (a) International search shall be made on the basis of
 the claims, with due regard to the description and the drawings (if
 any) and with particular emphasis on the inventive concept towards
 which the claims are directed.
 

 (b) In so far as possible and reasonable, the
 international search shall cover the entire subject matter to which
 the claims are directed or to which they might reasonably be
 expected to be directed after they have been amended.
 

 
 

 

 
 PCT Rule 64 

 Prior Art for International
 Preliminary Examination 

 
 64.1 Prior Art

 
 (a) For the purposes of Article
 33(2) and (3) , everything
 made available to the public anywhere in the world by means of
 written disclosure (including drawings and other illustrations)
 shall be considered prior art provided that such making available
 occurred prior to the relevant date. 
 

 (b) For the purposes of paragraph (a), the relevant date
 shall be:
 
 (i) subject to items (ii) and (iii), the
 international filing date of the international application
 under international preliminary examination;
 

 (ii) where the international application under
 international preliminary examination claims the priority of
 an earlier application and has an international filing date
 which is within the priority period, the filing date of such
 earlier application, unless the International Preliminary
 Examining Authority considers that the priority claim is not
 valid;
 

 (iii) where the international application under
 international preliminary examination claims the priority of
 an earlier application and has an international filing date
 which is later than the date on which the priority period
 expired but within the period of two months from that date,
 the filing date of such earlier application, unless the
 International Preliminary Examining Authority considers that
 the priority claim is not valid for reasons other than the
 fact that the international application has an international
 filing date which is later than the date on which the
 priority period expired.
 

 
 

 
 

 

 
 64.2 Non-Written Disclosures

 In cases where the making available to the public occurred
 by means of an oral disclosure, use, exhibition or other non-written means
 (“non-written disclosure”) before the relevant date as defined in
 Rule
 64.1(b) and the date of such non-written disclosure
 is indicated in a written disclosure which has been made available to the
 public on a date which is the same as, or later than, the relevant date, the
 non-written disclosure shall not be considered part of the prior art for the
 purposes of Article 33(2) and
 (3) . Nevertheless, the international preliminary
 examination report shall call attention to such non-written disclosure in
 the manner provided for in Rule 70.9 . 
 

 

 
 64.3 Certain Published Documents

 In cases where any application or any patent which would
 constitute prior art for the purposes of Article 33(2) and
 (3) had it been published prior to the relevant date
 referred to in Rule 64.1 was published
 on a date which is the same as, or later than, the relevant date but was
 filed earlier than the relevant date or claimed the priority of an earlier
 application which had been filed prior to the relevant date, such published
 application or patent shall not be considered part of the prior art for the
 purposes of Article 33(2) and
 (3) . Nevertheless, the international preliminary
 examination report shall call attention to such application or patent in the
 manner provided for in Rule 70.10 . 
 

 

 

 The objective of the international search is to discover relevant
 prior art ( PCT
 Article 15(2) ). “Prior art” consists of everything which has
 been made available to the public anywhere in the world by means of written
 disclosure (including drawings and other illustrations); it is relevant in respect
 of the international application if it is capable of being of assistance in
 determining that the claimed invention is or is not new and that the claimed
 invention does or does not involve an inventive step (i.e., that it is or is not
 obvious), and if the making available to the public occurred prior to the
 international filing date for the purposes of the international search report and
 prior to the earliest validly claimed priority date for the purposes of the written
 opinion of the International Searching Authority. For further details, see
 PCT Rules
 33 , 43bis.1(b) 
 and 64 .
 

 A written disclosure, i.e., a document, is regarded as made
 available to the public if, at the relevant date, it was possible for members of the
 public to gain access to the content of the document and to acquire possession of
 the content of the document, and there was no bar of confidentiality restricting the
 use or dissemination of knowledge gained thereby. Where the document only provides
 the month or the year, but not the specific date, which the document was made
 available to the public, the content of the document is presumed to have been made
 available to the public on the last day of that month or that year, respectively,
 unless evidence is provided to prove otherwise.
 

 Prior art disclosure on the Internet or on an online database is
 considered in the same manner as other forms of written disclosure. Information
 disclosed on the Internet or an online database is considered to be publicly
 available as of the date the disclosure was publicly posted. Where the examiner
 obtains an electronic document that establishes the publication date for the
 Internet disclosure, he/she should make a printout of this document, which must
 mention both the URL of the relevant Internet disclosure and the date of publication
 of that relevant Internet disclosure. The examiner must then cite this printout in
 the international search report as an “L” document and cite the relevant Internet
 disclosure according to the relevance of its content (“X”, “Y”, “A”) and according
 to the date as established (“X”, “Y”, “A”, “P,X”, “P,Y”, “P,A”, “E”, etc.). See
 MPEP §
 1844.01 , subsection VII. Where the examiner is unable to
 establish the publication date of the relevant Internet disclosure and it is
 relevant to the inventive step and/or novelty of the claimed invention, he/she
 should cite it in the international search report as a category “L” document for
 those claims which it would have affected if it were published in time, giving the
 date the document was printed out as its publication date. 
 

 Examiners are also encouraged to cite prior art that might be of
 assistance in determining whether other requirements are fulfilled, such as
 sufficient support of the claims by the description and industrial applicability.
 The examiner should also note any documents that may be of importance for other
 reasons, such as documents putting doubt upon the validity of any priority claimed,
 documents contributing to a better or more correct understanding of the claimed
 invention, and documents illustrating the technological background, but the examiner
 should not spend time in searching for these documents, nor the consideration of
 such matters unless there is a special reason for doing so in a particular case.
 Documents which do not qualify as prior art because they post-date the claimed
 invention may nevertheless be cited to show a universal fact, such as
 characteristics or properties of a material, or a specific scientific fact, or to
 show the level of ordinary skill in the art. Furthermore, examiners must recognize
 that different designated Offices may have different definitions of what is the
 effective date of prior art. Accordingly, when performing the search, examiners
 should be mindful to pick out and select for citation, where appropriate, prior art
 which may be relevant in offices other than the one in which they are situated.
 However, the examiner need not expand the search beyond the standard search
 parameters to discover such art. Where the search has been performed and such
 potentially relevant prior art has been identified, examiners are encouraged to, for
 example, cite all relevant art published prior to the international filing date even
 if that art and the international application under consideration have common
 applicants and/or inventors. As such, if the examiner is basing the international
 search on a prior search performed in a prior related U.S. national application, it
 may be necessary for the examiner to review the prior art published within the time
 period of the one year preceding the filing date of the prior U.S. application for
 any written disclosures based on the applicant’s own work that may have been
 published within that time period. Any such documents are considered prior art in an
 international application and are cited on the international search report even
 though they do not meet the definition of prior art in the prior U.S. national
 application. A further objective of the international search is to avoid, or at
 least minimize, additional searching at the national stage.
 

 The international search is made on the basis of the claims, with
 due regard to the description and the drawings (if any) contained in the
 international application ( PCT Article 15(3) ) and should
 cover the entire subject matter to which the claims are directed or to which they
 might reasonably be expected to be directed after they have been amended
 ( PCT Rule
 33.3(b) ). 
 

 The relevant date for the purpose of considering prior art for the
 purposes of establishment of the written opinion of the International Searching
 Authority is defined in PCT Rule 64.1(b) as the
 international filing date or, where the international application contains a claim
 for priority, the date provided in PCT Rule 64.1(b)(ii) - (iii) .
 See MPEP §
 1878.01(a) .
 

 In establishment of the written opinion, when determining whether
 there is inventive step, account should be taken of what the applicant acknowledges
 in his/her description as known. Such admissions should be regarded as correct and
 used when considering whether the claimed invention lacks novelty and/or inventive
 step where appropriate.
 

 A non-written disclosure such as an oral disclosure, use, exhibition
 or other means of disclosure is not relevant prior art for the purposes of the
 international search unless it is substantiated by a written disclosure made
 available to the public prior to the international filing date and it is the written
 disclosure which constitutes the prior art. However, if the date on which the
 written disclosure was made available to the public was on or after the filing date
 of the international application under consideration, the search report should
 separately mention that fact and the date on which the written disclosure was
 available, even though such a written disclosure does not meet the definition of
 relevant prior art in the international phase, so long as the non-written disclosure
 was made available to the public on a date prior to the international filing date
 since such a non-written disclosure may be considered to be prior art under national
 law in the national phase. See PCT Rules 33.1(b) ,
 64.2 and 70.9 . 
 

 DOCUMENTS AND DATABASES SEARCHED BY THE INTERNATIONAL SEARCHING
 AUTHORITY The International Searching Authority must endeavor to discover
 as much of the relevant prior art as its facilities permit ( PCT Article
 15(4) ), and, in any case, must consult the so-called
 “minimum documentation” ( PCT Rule 34 ). 
 

 Even though completeness should be the ultimate goal of the
 international search, this goal may at times be difficult to obtain, because of
 such factors as text search limitations and the inevitable imperfections of any
 classification system and its implementation. The examiner therefore consults
 the appropriate minimum documentation and the most relevant search resources for
 the technology, including databases listed in the U.S. Search Guidance index
 (available through the USPTO Intranet website), and organizes the search effort
 and utilizes the search time in such a manner as to reduce to a minimum the
 possibility of failing to discover existing highly relevant prior art, such as
 art that fully anticipates any claims.
 

 When conducting the search, it may be necessary to make use of
 the Internet as a search tool. Where the international application has not yet
 been published at the time of the search, there exists the danger that search
 terms used in the search on non-secure Internet search engines or in databases
 available on the Internet may be observed by third parties. Accordingly, all
 websites must be treated as non-secure unless the Office has a commercial
 arrangement with a service provider in order to maintain confidentiality and a
 secure connection to that website. Consequently, extreme caution must be
 exercised when using the Internet as a search tool where (as in most cases) the
 international application has not yet been published. Where a relevant database
 is accessible via the Internet, but an alternative secure connection to the same
 database is accessible, the secure connection must be used. Where no secure
 connection to a database on the Internet is available, the search may be
 conducted on the Internet using generalized search terms representing
 combinations of features that relate to the claimed invention, which have
 already been shown to exist in the state of the art.
 

 

 
 1843.02 Certain Subject Matter Need Not Be Searched [R-07.2022]

 
 PCT Rule 39 

 Subject Matter under Article
 17(2)(a)(i) 

 
 39.1 Definition

 No International Searching Authority shall be required to
 search an international application if, and to the extent to which, its
 subject matter is any of the following:
 

 
 (i) scientific and mathematical theories,

 (ii) plant or animal varieties or essentially biological
 processes for the production of plants and animals, other than
 microbiological processes and the products of such processes,
 

 (iii) schemes, rules or methods of doing business,
 performing purely mental acts or playing games,
 

 (iv) methods for treatment of the human or animal body by
 surgery or therapy, as well as diagnostic methods,
 

 (v) mere presentations of information,

 (vi) computer programs to the extent that the
 International Searching Authority is not equipped to search prior
 art concerning such programs.
 

 
 

 

 
 PCT Rule 66 

 Procedure Before the International
 Preliminary Examining Authority 

 
 66.1 Basis of the International Preliminary
 Examination
 

 *****

 
 (e) Claims relating to inventions in respect of which no
 international search report has been established need not be the
 subject of international preliminary examination.
 

 
 *****

 

 

 
 PCT Rule 67 

 Subject Matter Under Article
 34(4)(a)(i) 

 
 67.1 Definition

 No International Preliminary Examining Authority shall be
 required to carry out an international preliminary examination on an
 international application if, and to the extent to which, its subject matter
 is any of the following:
 

 
 (i) scientific and mathematical theories,

 (ii) plant or animal varieties or essentially biological
 processes for the production of plants and animals, other than
 microbiological processes and the products of such processes,
 

 (iii) schemes, rules, or methods of doing business,
 performing purely mental acts, or playing games,
 

 (iv) methods for treatment of the human or animal body by
 surgery or therapy, as well as diagnostic methods,
 

 (v) mere presentations of information,

 (vi) computer programs to the extent that the
 International Preliminary Examining Authority is not equipped to
 carry out an international preliminary examination concerning such
 programs.
 

 
 

 

 The USPTO has declared that it will search and examine, in
 international applications, all subject matter searched and examined in U.S.
 national applications. However under PCT Rules 39 , 43bis.1(b) , 66.1(e) and
 67.1 , no International Searching Authority is required to
 perform an international search or to establish a written opinion concerning
 novelty, inventive step and industrial applicability where the international
 application relates to any of the following subject matters:
 

 
 (A) Scientific and mathematical theories;

 (B) Plant or animal varieties or essentially biological
 processes for the production of plants and animals, other than
 microbiological processes and the products of such processes;
 

 (C) Schemes, rules or methods of doing business, performing
 purely mental acts or playing games;
 

 (D) Methods for treatment of the human or animal body by surgery
 or therapy, as well as diagnostic methods;
 

 (E) Mere presentation of information; and

 (F) Computer programs to the extent the said Authority is not
 equipped to search prior art concerning such programs. 
 
 

 

 See PCT Rule 39 . In
 addition, the examiner is not required to search the international
 application, to the extent that a meaningful search cannot be carried out,
 in certain cases where a nucleotide and/or amino acid sequence listing is
 not furnished in the required form, language and manner. See Administrative
 Instructions Section 513(c) . However, the
 U.S. Patent and Trademark Office has declared that it will search and
 examine all subject matter searched and examined in U.S. national
 applications.
 

 
 

 

 The applicant considering the filing of an international
 application may be well advised not to file one if the subject matter of the
 application falls into one of the above mentioned areas. If the applicant
 still does file, the International Searching Authority may declare that it
 will not establish an international search report. Accordingly, applicant
 should take into consideration which International Searching Authority
 (e.g., European Patent Office) is selected to conduct the international
 search. It is to be noted, nevertheless, that the lack of the international
 search report in such case will not have, in itself, any influence on the
 validity of the international application and the latter’s processing will
 continue, including its communication to the designated Offices.
 

 

 
 

 
 1843.03 No Search Required if Claims Are Unclear [R-07.2022]

 If the International Searching Authority considers that the
 description, the claims, or the drawings fail to comply with the prescribed
 requirements to such an extent that a meaningful search could not be carried out, it
 may declare that it will not establish a search report ( PCT Article
 17(2)(a)(ii) ). Further, for applications having an
 international filing date on or after January 1, 2004, if the International
 Searching Authority considers that the description, claims, or drawings are so
 unclear, or the claims are so inadequately supported by the description that no
 meaningful opinion can be formed on the novelty, inventive step (non-obviousness),
 or industrial applicability of the claimed invention, the Authority shall not go
 into these issues in its written opinion with regard to the claims so affected
 ( PCT Rules
 43bis.1(b) and 66.1(e) ). For
 example, the examiner may determine that a meaningful search cannot be carried out
 or that no meaningful opinion can be formed in certain cases where a nucleotide
 and/or amino acid sequence listing is not furnished in the required form, language
 and manner. See Administrative Instructions Section 513(c) and
 MPEP §
 1848 . Further, the examiner may determine that a
 meaningful search cannot be carried out or that no meaningful opinion can be formed
 for improper multiple dependent claims (see PCT Rule 6.4(a) ). 
 

 

 
 1843.04 Procedure for Claims Not Required To Be Searched and for
 Claims That Are Unclear [R-07.2015]
 

 The International Searching Authority (ISA) may declare that a
 meaningful search cannot be carried out with respect to some of the claims only
 and/or that only certain claims relate to subject matter which the ISA is not
 required to and has decided not to search. Where only some of the claims will not be
 searched, the ISA searches the remaining claims of the international application.
 Any unsearched claims and the reasons why those claims have not been searched are
 indicated in Box No. II of the international search report (Form PCT/ISA/210). 
 

 If the examiner determines that none of the claims will be
 searched, the examiner declares that no search report will be established using Form
 PCT/ISA/203. The lack of the international search report will not, in itself, have
 any influence on the validity of the international application and the latter’s
 processing will continue, including its communication to the designated Offices. 
 

 If the international application cites a document that is not
 published or otherwise not accessible to the ISA and the document appears essential
 to a correct understanding of the invention to the extent that a meaningful
 international search would not be possible without knowledge of the content of that
 document, the ISA may postpone the search and request that the applicant first
 provide first a copy of the document, if possible to do so within the time limits
 for the preparation of the international search report of the ISA under the PCT. If
 no copy of the document is received, the ISA should first attempt to carry out the
 international search and then, if necessary, indicate that no meaningful search
 could be carried out in total or that the search needed to be restricted.
 

 The ISA establishes the written opinion of the International
 Searching Authority (Form PCT/ISA/237) at the same time it establishes either the
 international search report (Form PCT/ISA/210) or the declaration of
 non-establishment of the international search report (Form PCT/ISA/203). However, if
 the ISA determines that for any or all claims (A) the international application
 relates to subject matter for which it is not required to establish a written
 opinion concerning novelty, inventive step and industrial applicability, (B) the
 description, claims, or drawings, are so unclear, or the claims are so inadequately
 supported by the description, that no meaningful opinion can be formed on the
 novelty, inventive step, or industrial applicability, of the claimed invention, or
 (C) the subject matter of the claims relates to inventions for which no
 international search report will be established, the ISA indicates, in Box No. III
 of the written opinion of the International Searching Authority (Form PCT/ISA/237),
 that no opinion with regard to novelty, inventive step or industrial applicability
 will be established with regard to those claims. In most instances it will be
 sufficient for the examiner to (A) indicate that no international search report has
 been established for the relevant claims as the reason for not establishing an
 opinion on novelty, inventive step, and industrial applicability and (B) refer to
 the international search report or declaration of non-establishment of the
 international search report for further details.
 

 

 
 1843.05 Time Limit for Establishing the International Search Report
 and the Written Opinion of the International Searching Authority [R-07.2015]
 

 Publication of the international application occurs at 18 months
 from the earliest priority date or, where there is no priority date, 18 months from
 the international filing date. The international search report is subject to
 international publication. For international applications filed before July 1, 2014,
 the written opinion of the International Searching Authority (ISA) is not published
 but is made available to the public after the expiration of 30 months from the
 priority date. See former PCT Rule 44 ter . For international
 applications filed on or after July 1, 2014, the written opinion of the ISA and any
 informal comments submitted by the applicant will be made available to the public in
 their original language as of the publication date. The Office goal is to have the
 search report and written opinion mailed in sufficient time to reach the
 International Bureau by the end of 16 months from the priority date or 9 months from
 the filing date if no priority claim is made. This is necessary since the technical
 preparations for publication are completed by 17.5 months from the earliest priority
 date. In view of the treaty mandated publication and the time needed for technical
 preparation, the Office sets time periods for completion of the search report and
 the written opinion which will ensure sufficient time to complete internal
 processing and review and achieve receipt of the search report and the written
 opinion at the International Bureau by the 16th month from the priority date. See
 PCT Rule
 42.1 and 43
 bis.1(a) .
 

 

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 1801-Basic Patent Cooperation Treaty (PCT) Principles 

 1802-PCT Definitions 

 1803-Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America 

 1804-[Reserved] 

 1805-Where To File an International Application 

 1806-Applicants and Inventors 

 1807-Agent or Common Representative and General Power of Attorney 

 1808-Change in or Revocation of the Appointment of an Agent or a Common Representative 

 1809-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[Reserved] 

 1817-PCT Member States 

 1818-[Reserved] 

 1819-Earlier Search 

 1820-Signature of Applicant 

 1821-The Request 

 1822-[Reserved] 

 1823-The Description 
 1823.01-Reference to Deposited Biological Material 

 1823.02-Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications 

 
 

 1824-The Claims 

 1825-The Drawings 

 1826-The Abstract 

 1827-Fees 
 1827.01-Refund of International Application Fees 

 
 

 1828-Priority Claim and Document 
 1828.01-Restoration of the Right of Priority 

 1828.02-Continuation or Continuation-in-Part Indication in the Request 

 
 

 1829-[Reserved] 

 1830-International Application Transmittal Letter 

 1831-[Reserved] 

 1832-License Request for Foreign Filing Under the PCT 

 1833-[Reserved] 

 1834-Correspondence 
 1834.01-Filing of Correspondence by Facsimile 

 1834.02-Irregularities in the Mail or Electronic Communications Service 

 
 

 1835-[Reserved] 

 1836-Rectification of Obvious Mistakes 

 1837 - 1839-[Reserved] 

 1840-The International Searching Authority 
 1840.01-The European Patent Office as an International Searching Authority 

 1840.02-The Korean Intellectual Property Office as an International Searching Authority 

 1840.03-The Australian Patent Office (IP Australia) as an International Searching Authority 

 1840.04-[Reserved] 

 1840.05-The Israel Patent Office (ILPO) as an International Searching Authority 

 1840.06-The Japan Patent Office (JPO) as an International Searching Authority 

 1840.07-The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority 

 
 

 1841-[Reserved] 

 1842-Basic Flow Under the PCT 

 1843-The International Search 
 1843.01-Prior Art for Chapter I Processing 

 1843.02-Certain Subject Matter Need Not Be Searched 

 1843.03-No Search Required if Claims Are Unclear 

 1843.04-Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear 

 1843.05-Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority 

 
 

 1844-The International Search Report 
 1844.01-Preparing the International Search Report (Form PCT/ISA/210) 

 
 

 1845-Written Opinion of the International Searching Authority 
 1845.01-Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) 

 1845.02-Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority,
 or the Declaration (Form PCT/ISA/220) 

 
 

 1846 - 1847-[Reserved] 

 1848-Sequence Listings 

 1849-[Reserved] 

 1850-Unity of Invention Before the International Searching Authority 

 1851-Identification of Patent Documents 

 1852-Taking Into Account Results of Earlier Search(es) 

 1853-Amendment Under PCT Article 19 

 1854 - 1855-[Reserved] 

 1856-Supplementary International Searches 

 1857-International Publication 

 1858-[Reserved] 

 1859-Withdrawal of International Application, Designations, or Priority Claims 

 1860-International Preliminary Examination Procedure 

 1861-[Reserved] 

 1862-Agreement With the International Bureau To Serve as an International Preliminary Examining Authority 

 1863-[Reserved] 

 1864-The Demand and Preparation for Filing of Demand 
 1864.01-Amendments Filed Under PCT Article 34 

 1864.02-Applicant’s Right To File a Demand 

 1864.03-States Which May Be Elected 

 1864.04-Agent’s Right To Act 

 
 

 1865-Filing of Demand 

 1866-[Reserved] 

 1867-Preliminary Examination Fees 

 1868-Correction of Defects in the Demand 

 1869-Notification to International Bureau of Demand 

 1870-Priority Document and Translation Thereof 

 1871-Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination 

 1872-Availability of the International Application File for International Preliminary Examination by the Examining Corps 

 1873-[Reserved] 

 1874-Determination if International Preliminary Examination Is Required and Possible 

 1875-Unity of Invention Before the International Preliminary Examining Authority 
 1875.01-Preparation of Invitation Concerning Unity 

 1875.02-Reply to Invitation Concerning Lack of Unity of Invention 

 
 

 1876-Notation of Errors and Informalities by the Examiner 
 1876.01-Request for Rectification and Notification of Action Thereon 

 
 

 1877-Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination 

 1878-Preparation of the Written Opinion of the International Preliminary Examining Authority 
 1878.01-Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written
 Opinion and the International Preliminary Examination Report 
 1878.01(a)-Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report 
 1878.01(a)(1)-Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(2)-Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(3)-Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report 

 
 

 
 

 1878.02-Reply to the Written Opinion of the ISA or IPEA 

 
 

 1879-Preparation of the International Preliminary Examination Report 
 1879.01-Time Limit for Preparing Report 

 1879.02-Transmittal of the International Preliminary Examination Report and Related Documents 

 1879.03-Translations 

 1879.04-Confidential Nature of the Report 

 
 

 1880-Withdrawal of Demand or Election 

 1881-Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office 

 1882 - 1892-[Reserved] 

 1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 1893.01-Commencement and Entry 
 1893.01(a)-Entry via the U.S. Designated or Elected Office 
 1893.01(a)(1)-Submissions Required by 30 Months from the Priority Date 

 1893.01(a)(2)-Article 19 Amendment (Filed With the International Bureau) 

 1893.01(a)(3)-Article 34 Amendments (Filed with the International Preliminary Examining Authority) 

 1893.01(a)(4)-Claim Amendment (Filed With the U.S. Designated or Elected Office) 

 
 

 1893.01(b)-Applicant for a U.S. National Stage Application 

 1893.01(c)-Fees 

 1893.01(d)-Translation 

 1893.01(e)-Inventor’s Oath or Declaration 

 
 

 1893.02-Abandonment 

 1893.03-Prosecution of U.S. National Stage Applications Before the Examiner 
 1893.03(a)-How To Identify That an Application Is a U.S. National Stage Application 

 1893.03(b)-The Filing Date of a U.S. National Stage Application 

 1893.03(c)-The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 

 1893.03(d)-Unity of Invention 

 1893.03(e)-Documents Received from the International Bureau and Placed in a U.S. National Stage Application File 
 1893.03(e)(1)-Title of the Invention 

 
 

 1893.03(f)-Drawings and PCT Rule 11 

 1893.03(g)-Information Disclosure Statement in a National Stage Application 

 
 

 
 

 1894-[Reserved] 

 1895-A Continuation, Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States 
 1895.01-Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications 

 
 

 1896-The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under
 35 U.S.C. 371 

 

 

 
 

 
 
 

 
 

 

 
 
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 03/09/2026 20:49:29