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How to get a European patent - "Euro-PCT"

Guide for Applicants - Part 2 - Table of Contents
C. The EPO as an International Searching Authority (ISA) - PCT Chapter I B. The EPO as a PCT receiving Office D. The EPO as an International Preliminary Examining Authority (IPEA) - PCT Chapter II
I. General   II. The procedure before the EPO as ISA


I.

General


For all PCT applications filed as from 1 January 2004 the ISA issues not only an ISR but also a Written Opinion of the International Searching Authority (WO-ISA) (see point 1). The WO-ISA provides the applicant with a preliminary, non-binding opinion on the issues of novelty, inventive step and industrial application. This allows the applicant to assess, already at the search stage, whether to proceed to the national/regional phase. Therefore, in many cases the filing of a demand for international preliminary examination will have no added value (see point 104). The WO-ISA will be prepared at the same time as the ISR for delivery to the applicant and the IB. The WO-ISA is not published, but will be available to the designated Offices and third parties on expiry of 30 months from the (earliest) priority date (see points 82 and see points 87).


 Competence of the EPO as an ISA

 Specification by the receiving Office

 Limited competence

 Choice of ISA and consequences

 Translation

 Application filed in Dutch

 Partnership between the EPO, the Spanish Patent and Trademark Office (OEPM) and the Swedish Patent and Registration Office (PRV) for conducting international searches

 Representation before the EPO as ISA

 Reduction of the search fee

 Refunding of the search fee


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