When must a "demand" for preliminary examination in a PCT application be made?

The demand for preliminary examination in a Patent Cooperation Treaty (PCT) application must be made within three months from the date the international search report is issued, or within 22 months from the priority date of the application, whichever is earlier. This timing is essential as it allows applicants to assess the findings of the international search report before deciding whether to pursue the additional examination process.

Making the demand within this timeframe ensures that applicants can receive a preliminary and non-binding opinion from the International Preliminary Examining Authority (IPEA) regarding the patentability of their claims. This procedure can offer strategic insights into the potential success of their application and may inform their next steps, whether that be further amendments to their claims or deciding not to pursue the application in certain jurisdictions.

Filing an early demand can not only streamline the examination process but also enhance the chances of successful patent granting by providing an opportunity to address issues identified in the international search report proactively.