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

The requirement for a "demand" for preliminary examination in a PCT (Patent Cooperation Treaty) application specifies that it must be submitted within three months after the international search report is issued or within 22 months from the priority date. This timeframe is essential as it allows the applicant to seek examination of their application based on the results of the international search report, which can provide valuable insights into the potential patentability of their invention.

The rationale behind the structure is to ensure that applicants consider the findings of the search report before deciding on whether to pursue further examination, balancing the interests of the applicant with the efficiency of the patent examination process. Meeting the timeline is crucial for maintaining the possibility of obtaining a patent in the jurisdictions chosen for national phase entries. This approach assists in providing a streamlined and cost-effective procedure for applicants seeking international patent protection.