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1879.01(a) < Time Limit for Preparing Report >in International Application Having an International Filing Date Before January 1, 2004< [R-2] - 1800 Patent Cooperation Treaty
1879.01(a) < Time Limit for Preparing Report >in International Application Having an International Filing Date Before January 1, 2004< [R-2]
>[Note: For international applications filed on or after January 1, 2004, see MPEP § 1879.01.]
Former<
PCT RULE 69
Start of and Time Limit for International Preliminary Examination> (as amended July 1, 1998)<PCT RULE 69.1.
Start of International Preliminary Examination(a) Subject to paragraphs (b) to (e), the International Preliminary Examining Authority shall start the international preliminary examination when it is in possession both of the demand and of either the international search report or a notice of the declaration by the International Searching Authority under Article 17(2)(a) that no international search report will be established.
(b) If the competent International Preliminary Examining Authority is part of the same national Office or intergovernmental organization as the competent International Searching Authority, the international preliminary examination may, if the International Preliminary Examining Authority so wishes and subject to paragraph (d), start at the same time as the international search.
(c) Where the statement concerning amendments contains an indication that amendments under Article 19 are to be taken into account ( Rule 53.9(a)(i)), the International Preliminary Examining Authority shall not start the international preliminary examination before it has received a copy of the amendments concerned
(d) Where the statement concerning amendments contains an indication that the start of the international preliminary examination is to be postponed ( Rule 53.9(b)), the International Preliminary Examining Authority shall not start the international preliminary examination before
(i) it has received a copy of any amendments made under Article 19,
(ii) it has received a notice from the applicant that he does not wish to make amendments under Article 19, or
(iii) the expiration of 20 months from the priority date, whichever occurs first.
(e) Where the statement concerning amendments contains an indication that amendments under Article 34 are submitted with the demand ( Rule 53.9(c)) but no such amendments are, in fact, submitted, the International Preliminary Examining Authority shall not start the international preliminary examination before it has received the amendments or before the time limit fixed in the invitation referred to in Rule 60.1(g) has expired, whichever occurs first.
PCT RULE 69.2.
Time Limit for International Preliminary ExaminationThe time limit for establishing the international preliminary examination report shall be:
(i) 28 months from the priority date, or
(ii) eight months from the date of payment of the fees referred to in Rules 57.1 and 58.1(a), or
(iii) eight months from the date of receipt by the International Preliminary Examining Authority of the translation furnished under Rule 55.2, whichever expires last.
** >For international applications having an international filing date before January 1, 2004, the period for preparing the IPER is set forth in former PCT Rule 69.2 (as amended July 1, 1998)<. The time limit for preparing the international preliminary examination report is 28 months from the priority date, or 8 months from the date of payment of the fees referred to in PCT Rules 57.1 and 58.1(a), or 8 months from the date of receipt by the International Preliminary Examining Authority of the translation furnished under PCT Rule 55.2, whichever expires first. This time limit is 27 months internally to ensure sufficient time to process, review and mail the report in sufficient time to reach the International Bureau by 28 months from the earliest priority date.
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