Further steps in the procedure - first written opinion

142 A written opinion for the purposes of international preliminary examination is a notification issued by an IPEA which indicates any comments or objections concerning the international application.

Art. 33, 34, 35 PCT R. 66.1bis, 66.2, 66.3, 69, 70 PCT WIPO PCT Guide 390 - 392, 400 ff Gazette 03/2004, 1744 OJ 2003, 574

Pursuant to Rule 66.1bis(a) PCT the WO-ISA shall be considered to be a (first) written opinion of the IPEA for the purposes of international preliminary examination. However, the EPO has notified the International Bureau under Rule 66.1bis(b) PCT that this provision is only applied by the EPO as IPEA to the extent that the WO-ISA has been established by the EPO acting as ISA. This means that the EPO as IPEA does not consider any WO-ISA established by any ISA other than the EPO itself as a written opinion for the purposes of international preliminary examination.

It therefore depends on the circumstances of the case whether a (first) written opinion is issued by the EPO as IPEA before the IPRP Chapter II is established. As a rule no second written opinion is established.

OJ 2005, 493

The procedure before the EPO as IPEA may therefore be summarised as follows: