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[dbmax]

Regarding a PCT application:

If the ISR was performed by the US receiving office, can the Article 31 demand designate the European office as the IPEA, for example by electing only european countries in 31(4).

(Article 32 appears to suggest that the IPEA is selected through some sort of confab among the receiving office, the international bureau, and the potential IPEAs, presumably based on the initially elected states)

If so, what are the pros and cons of targeting the european office in stage II if both europe and asia will eventually be pursued at the regiona/national level?

Thanks,

db

[ME]

I am not sure, but I think that if the ISR was done by the USPTO then you might have a problem with getting the EPO to function as the IPEA. The searches that the EPO does are generally more complete. (Typically the examiner does not do additional searches during prosecution.) You can have the EPO prepare the ISR for a PCT application submitted to the USPTO.

If you have the EPO do both, than this can be quite good because the examiner for the EPO entry will probably be the same examiner who prepared the ISR and the examination. You can get the patent to issuance very quickly then. From a few cases I have worked on, the Chinese seem as though they can sometimes be swayed by the EPO's opinion.

[ME]

From the MPEP

http://www.uspto.gov/web/offices/pac/mpep/documents/1800_1865.htm

Applicants should *>submit< the Demand and appropriate fees directly to the International Preliminary Examining Authority (IPEA) they desire to prepare the International Preliminary Examination Report. United States applicants who have had the international search prepared by the European Patent Office (EPO) may request the EPO to act as the IPEA with some exceptions. See MPEP § 1865.01.

[dbmax]

ME,

Thanks for the MPEP cite. I couldn't quite glean that info from the PCT.

db

[ME]

I just noticed that if you look at the Offical Gayette of the USPTO they have "PCT Information" in every issue. This explains what is possible in detail.

For example:
http://www.uspto.gov/web/offices/com/sol/og/2011/week03/TOC.htm#null

[UVAgal4]

I think the EPO is (or soon will be) available as a Supplementary international search.