Usefulness of PCT Chapter II
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104
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International preliminary examination will in general have no added value if no arguments and amendments to be taken into account by the EPO as IPEA are filed. In the absence of arguments and amendments to the application being filed there will in general be no reasons leading the IPEA to a different substantive conclusion to that reached by the ISA in the WO-ISA.
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Filing a demand for international preliminary examination is, normally, only useful if the WO-ISA was "negative" and the applicant is of the opinion that the PCT Chapter II procedure may lead to a "positive" IPER. It follows that, especially if the WO-ISA was "negative" and amendments are filed, international preliminary examination is helpful in evaluating the chances of obtaining patents in the national phase because the applicant will receive an opinion on the application as amended.
Before taking a decision on filing a demand with the EPO as IPEA, applicants are strongly recommended to take note of the procedure set out in part II of this chapter (see point 139 ff).
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