Second case: The EPO acted as ISA and made objections
If the WO-ISA established by the EPO as ISA contained 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 371372). The WO-ISA will not, however, be reissued as a first written opinion of the EPO as IPEA. A second written opinion will be issued on condition that the applicant has filed amendments and/or arguments in reply to the WO-ISA which must be taken into account for international preliminary examination and that there remain objections outstanding such that the IPER would be negative if it were to be issued on the basis of the file as it stands.

Quick Navigation