MPEP App. T, Rule 73

Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority

Published Jul 1, 2015United States Patent and Trademark Office

73.1 Preparation of Copies

The International Bureau shall prepare the copies of the documents to be communicated under Article 36(3)(a).

73.2 Communication to Elected Offices

  1. (a) The International Bureau shall effect the communication provided for inArticle 36(3)(a) to each elected Office in accordance with Rule 93bis.1 but not before the expiration of 30 months from the priority date.
  2. (b) Where the applicant makes an express request to an elected Office under Article 40(2), the International Bureau shall, upon the request of that Office or of the applicant,
    1. (i) if the international preliminary examination report has already been transmitted to the International Bureau under Rule 71.1, promptly effect the communication provided for in Article 36(3)(a) to that Office;
    2. (ii) if the international preliminary examination report has not been transmitted to the International Bureau under Rule 71.1, promptly communicate a copy of the written opinion established by the International Searching Authority under Rule 43bis.1 to that Office.
  3. (c) Where the applicant has withdrawn the demand or any or all elections, the communication provided for in paragraph (a) shall nevertheless be effected, if the International Bureau has received the international preliminary examination report, to the elected Office or Offices affected by the withdrawal.
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