MPEP Q & A 45: Timing of Demand for International Preliminary Examination

Timing of Demand for International Preliminary Examination


When must the Demand for international preliminary examination be made?


The Demand must be made prior to the expiration of whichever of the following periods expires later:

  • (A) three months from the date of transmittal to the applicant of the international search report or of the declaration referred to in PCT Article 17(2)(a), and of the written opinion; or
  • (B) 22 months from the priority date.

Chapter Details:

The answer to this question can be found in chapter 1800 of the MPEP. This chapter covers the patent cooperation treaty.

Section Summary:

This question and answer comes from section 1842 of the MPEP.  The following is a brief summary of section 1842.

1842  Basic Flow Under the PCT

This section covers the basic flow under the PCT including  time limits when items are due. International applications under the PCT are  usually filed within 12 months after the filing of the first application  containing the same subject matter so that the priority date of the first  application may be claimed. This is an important section to review.

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