1840 The International Searching Authority
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(a) The Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications in accordance with the terms and conditions of an agreement which may be concluded with the International Bureau, and may discharge all duties required of such Authorities, including the collection of handling fees and their transmittal to the International Bureau.
(b) The handling fee, preliminary examination fee, and any additional fees due for international preliminary examination shall be paid within such time as may be fixed by the Director.
(a) Pursuant to appointment by the Assembly, the United States Patent and Trademark Office will act as an International Searching Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by the Director, in accordance with the agreement between the Patent and Trademark Office and the International Bureau (PCT Art. 16(3)(b)).
(b) The Patent and Trademark Office, when acting as an International Searching Authority, will be identified by the full title “United States International Searching Authority” or by the abbreviation “ISA/US.”
(c) The major functions of the International Searching Authority include:
(1) Approving or establishing the title and abstract;
(2) Considering the matter of unity of invention;
(3) Conducting international and international-type searches and preparing international and international-type search reports (PCT Art. 15, 17 and 18, and PCT Rules 25, 33 to 45 and 47), and issuing declarations that no international search report will be established (PCT Article 17(2)(a));
(4) Preparing written opinions of the International Searching Authority in accordance with PCT Rule 43bis (when necessary); and
(5) Transmitting the international search report and the written opinion of the International Searching Authority to the applicant and the International Bureau.
I. TRANSMITTAL OF THE SEARCH COPY TO THE INTERNATIONAL SEARCHING AUTHORITY
The “search copy” is transmitted by the Receiving Office to the International Searching Authority
II. THE MAIN PROCEDURAL STEPS IN THE INTERNATIONAL SEARCHING AUTHORITY
The main procedural steps that any international application goes through in the International Searching Authority are:
- (1) the making of the international search,
- (2) the preparing of the international search report and
- (3) for international applications having an international filing date on or after January 1, 2004, the preparing of a written opinion of the International Searching Authority
III. COMPETENT INTERNATIONAL SEARCHING AUTHORITY
In respect of international applications filed with the U.S. Receiving Office, the United States International Searching Authority is competent to carry out the international search.
The international search fee for the selected ISA must be paid to the USPTO as a receiving Office within one month from the time of receipt of the international application.