MPEP 1819

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← MPEP 1817 ↑ MPEP 1800 MPEP 1820 →

1819 Earlier International or International-Type Search[edit | edit source]


PCT Rule 4.

Request (Contents)

4.11.Reference to Earlier Search, Continuation or Continuation- in-Part, or Parent Application or Grant (a)If:

(i)an international or international-type search has been requested on an application under Article 15(5);

the request shall so indicate and shall, as the case may be, identify the application in respect of which the earlier search was made or otherwise identify the search, or indicate the relevant parent application or parent patent or other parent grant.


37 CFR 1.445. International application filing, processing and search fees.
(a) The following fees and charges for international applications are established by the Director under the authority of 35 U.S.C. 376:
.          .          .

(2) A search fee (see 35 U.S.C. 361(d) and PCT Rule 16):

(i) If a corresponding prior United States national application under 35 U.S.C. 111(a) has been filed on or after December 8, 2004, the basic filing fee under § 1.16(a), search fee under § 1.16(k), and examination fee under § 1.16(o) have been paid therein, and the corresponding prior United States national application is identified by application number, if known, or if the application number is not known by the filing date, title, and name of applicant (and preferably the application docket number), in the international application or accompanying papers at the time of filing the international application.....$300.00.

(ii)If a corresponding prior United States national application under 35 U.S.C. 111(a) has been filed before December 8, 2004, the basic filing fee under § 1.16 has been paid therein, and the corresponding prior United States national application is identified by application number, if known, or if the application number is not known by the filing date, title, and name of applicant (and preferably the application docket number), in the international application or accompanying papers at the time of filing the international application....$300.00.

Certain International Searching Authorities refund part or all of the international search fee or reduce the amount of the international search fee where the international search can be based wholly or partly on an earlier search (whether an international, international- type, or other search) made by them. The United States provides for a reduced search fee where there is a corresponding prior U.S. national application under 35 U.S.C. 111(a) and such application is adequately identified in the international application or accompanying papers at the time of filing the international application. The basic filing fee and, if applicable, the search and examination fees, must have been paid in the prior national application at the time of filing the international application in order to be eligible for the reduced search fee. Applicants must identify the prior application by the U.S. application number or, if such number is not yet known, by filing date, title, and name of applicant (and preferably the application docket number). See 37 CFR 1.445(a)(2)(i) and (ii). A corresponding U.S. national application having the same filing date as the international application is not a “prior” application for purposes of 37 CFR 1.445(a)(2).

Where the earlier search by the International Searching Authority was made in relation to a national, regional (for instance, European) or international application, that application must be identified in the request. Applicants should identify the application in Box No. VII of the request by an indication of the country of filing (or the European Patent Office), and the number and filing date of that application. Where the earlier search was made independently of a patent granting procedure (for instance, a standard search by the European Patent Office), a reference must be made to the date of the request for that search and the number given to the request by the International Searching Authority.

The United States Patent and Trademark Office performs an international-type search on all U.S. national applications filed on and after 1 June 1978. No specific request by the applicant is required and no number identifying the international-type search is assigned by the Office. See 37 CFR 1.104(a)(3).

← MPEP 1817 ↑ MPEP 1800 MPEP 1820 →