International Preliminary Examination to start sooner, by default, as of July 1

Prior to July 1, International Preliminary Examining Authorities were required to wait to start examination until the expiration of the time limit for filing a demand by PCT Rule 54bis1. As of July 1, PCT Rule 69.1(a) establishes new timing for the start of international preliminary examination. More specifically, amended Rule 69.1(a) states that the IPEA will, by default, start international examination when it is in possession of all of i) the demand, ii) the examination fees and iii) either the ISR (or declaration under PCT Article 17(2), and the written opinion.

Applicant can expressly request that examination be postponed until after the expiration of the time limit for filing the demand set forth in PCT Rule 54bis1.

The attached June 2019 PCT Newsletter includes a more detailed analysis. pct_news_2019_6