MPEP 1843.05
Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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1843.05    Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority [R-07.2015]

Publication of the international application occurs at 18 months from the earliest priority date or, where there is no priority date, 18 months from the international filing date. The international search report is subject to international publication. For international applications filed before July 1, 2014, the written opinion of the International Searching Authority (ISA) is not published but is made available to the public after the expiration of 30 months from the priority date. See former PCT Rule 44ter. For international applications filed on or after July 1, 2014, the written opinion of the ISA and any informal comments submitted by the applicant will be made available to the public in their original language as of the publication date. The Office goal is to have the search report and written opinion mailed in sufficient time to reach the International Bureau by the end of 16 months from the priority date or 9 months from the filing date if no priority claim is made. This is necessary since the technical preparations for publication are completed by 17.5 months from the earliest priority date. In view of the treaty mandated publication and the time needed for technical preparation, the Office sets time periods for completion of the search report and the written opinion which will ensure sufficient time to complete internal processing and review and achieve receipt of the search report and the written opinion at the International Bureau by the 16th month from the priority date. See PCT Rule 42.1 and 43 bis.1(a).