Guide for Applicants - Part 2:How to get a European patent: D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II, II. The international preliminary examination procedure before the EPO as an IPEA, First case: The EPO acted as ISA and made no objections

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

D / E

How to get a European patent

A. General overview

B. The EPO as a PCT receiving Office

C. The EPO as an International Searching Authority

D. The EPO as an International Preliminary Examining Authority

E. Euro-PCT procedure before the EPO as a designated or elected Office

Annexes

Guide for Applicants - Part 2

D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II

C. The EPO as an International Searching Authority (ISA) - PCT Chapter I

E. Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office

II. The international preliminary examination procedure before the EPO as an IPEA

First case: The EPO acted as ISA and made no objections

Further steps in the procedure - first written opinion

Second case: The EPO acted as ISA and made objections

First case: The EPO acted as ISA and made no objections

143

If the WO-ISA established by the EPO as ISA contains no objections to the international application ("positive WO-ISA"), the EPO as IPEA will consider the WO-ISA as the first written opinion for the purposes of international preliminary examination (see point 142). The EPO as IPEA will, however, use its discretion in proceeding to issue the IPRP Chapter II immediately after expiry of the time limit for filing the demand. Therefore, the IPRP Chapter II will have no value added to the information provided in the WO-ISA, unless the applicant files arguments and amendments to be taken into account by the EPO as IPEA.

Art. 34(2)(c) PCT