37 CFR 1.453: Transmittal of documents relating to earlier search or classification

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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1.453    Transmittal of documents relating to earlier search or classification.

  • (a) Subject to paragraph (c) of this section, where an applicant has requested in an international application filed with the United States Receiving Office pursuant to PCT Rule 4.12 that an International Searching Authority take into account the results of an earlier search, the United States Receiving Office shall prepare and transmit to the International Searching Authority, as applicable, a copy of the results of the earlier search and any earlier classification as provided under PCT Rule 23bis.1.
  • (b) Subject to paragraph (c) of this section, where an international application filed with the United States Receiving Office claims the priority of an earlier application filed with the USPTO in which the USPTO has carried out an earlier search or has classified such earlier application, the United States Receiving Office shall prepare and transmit to the International Searching Authority a copy of the results of any such earlier search and earlier classification as provided under PCT Rule 23bis.2.
  • (c) The United States Receiving Office will not prepare a copy of the results of an earlier search or earlier classification referred to in paragraphs (a) and (b) of this section for transmittal to an International Searching Authority from an application preserved in confidence (§ 1.14 ) unless the international application contains written authority granting the International Searching Authority access to such results. Written authority provided under this paragraph must be signed by:
    • (1) An applicant in the international application who is also an applicant in the application preserved in confidence; or
    • (2) A person set forth in § 1.14(c) permitted to grant access to the application preserved in confidence.
[Added 82 FR 24249, May 26, 2017, effective July 1, 2017]