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Question:
What is the time limit for establishing the International Search Report and the Written Opinion of the International Searching Authority?
Answer:
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. 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.
Chapter Details:
The answer to this question can be found in chapter 1800 of the MPEP. This chapter covers Patent Cooperation Treaty.
The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 1843.05 of the MPEP
1843.05 Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority
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. 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.