4.2 The international preliminary examination procedure before the EPO as an IPEA
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  8. First scenario: the EPO acted as ISA and made no objections
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International preliminary examination before the EPO: four scenarios

Overview

4.2.6.2 First scenario: the EPO acted as ISA and made no objections 

4.2.021If 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 4.2.016). The EPO as IPEA will in this case use its discretion in proceeding to issue the IPER as soon as it is in possession of the elements listed in Rule 69.1(a) PCT. Therefore, with the exception of the top-up search, the IPER will have no added value over the information provided in the WO‑ISA unless the applicant files amendments and/or arguments for the EPO to take into account as IPEA.

Art. 34(2)(c) PCT

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