Guide for Applicants - Part 2
How to get a European patent
 


 

D  /  E




 
Guide for Applicants - Part 2    
C. The EPO as an International Searching Authority (ISA) - PCT Chapter I B. The EPO as a PCT receiving Office D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II
I. General   II. The procedure before the EPO as ISA

I.

General


For all PCT applications filed as from 1 January 2004 the ISA issues not only an ISR but also a Written Opinion of the International Searching Authority (WO-ISA) (see point 1). The WO-ISA provides the applicant with a preliminary, non-binding opinion on the issues of novelty, inventive step and industrial application. This allows the applicant to assess, already at the search stage, whether to proceed to the national/regional phase. Therefore, in many cases the filing of a demand for international preliminary examination will have no added value (see point 104). The WO-ISA will be prepared at the same time as the ISR for delivery to the applicant and the IB. The WO-ISA is not published, but will be available to the designated Offices and third parties on expiry of 30 months from the (earliest) priority date (see points 82 and see points 87).


 

Competence of the EPO as an ISA

Specification by the receiving Office

Limited competence

Choice of ISA and consequences

Translation

Application filed in Dutch

Partnership between the EPO, the Spanish Patent and Trademark Office (OEPM) and the Swedish Patent and Registration Office (PRV) for conducting international searches

Representation before the EPO as ISA

Reduction of the search fee

Refunding of the search fee