Where the applicant is a national or a resident of the United States of America, the availability of the European Patent Office as an International Searching Authority and/or International Preliminary Examining Authority is restricted. The limitation criteria also apply to applications filed by two or more applicants when at least one of them is a national or resident of the United States of America, and when none of them are nationals or residents of a Contracting State of the European Patent Convention. For details, refer to Annexes D(EP) and E(EP).
Where the applicant is a national or a resident of the United States of America, the Australian Patent Office may be chosen as the competent International Searching Authority and/or International Preliminary Examining Authority for certain international applications only. For further details concerning which international applications this is restricted to, refer to Official Notices (PCT Gazette) dated 23 October 2008, pages 131 et seq.
Any International Searching Authority(ies) which would have been competent if the international application had been filed with any other receiving Office of, or acting for, the PCT Contracting State of which the applicant (or, if there is more than one applicant, at least one of the applicants) is a national or resident (refer to Annexes B for such other competent receiving Offices, Annex C for the corresponding competent International Searching Authorities, and below for the States for which the International Bureau acts instead of their national Offices pursuant to PCT Rule 19.1(b))