37 CFR 1.413 — The United States International Searching Authority
Ninth Edition, Revision 01.2024
- (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.
[Para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; paras. (a) & (c) revised, 68 FR 58991, Oct. 20, 2003, effective Jan. 1, 2004]
Cited authority
- PCT Article 16 The International Searching Authority
- PCT Article 15 The International Search
- PCT Article 17 Procedure Before the International Searching Authority
- PCT Article 18 The International Search Report
- PCT Rule 25 Receipt of the Search Copy by the International Searching Authority
- PCT Rule 33 Relevant Prior Art for the International Search
- PCT Rule 45 Translation of the International Search Report
- PCT Rule 47 Communication to Designated Offices
- PCT Rule 43 bis Written Opinion of the International Searching Authority