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


 

D  /  E




 
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 I. General I. General
Second case: The EPO acted as ISA and made objections First case: The EPO acted as ISA and made no objections Third case: The EPO did not act as ISA and the EPO as IPEA has no objections

Second case: The EPO acted as ISA and made objections


144

If the WO-ISA established by the EPO as ISA contained comments or objections to the international application ("negative 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 WO-ISA will not, however, be reissued as a first written opinion of the EPO as IPEA. It follows that the EPO as IPEA will proceed to issue the IPRP Chapter II immediately after expiry of the time limit for filing the demand (see points 116 and 141). This procedure applies irrespective of whether the applicant has filed arguments and/or amendments to be taken into account by the EPO as IPEA, since as a rule no second written opinion is established.

R. 66.1bis, 66.4, 66.4bis PCT

OJ 2003, 574