4.2 The international preliminary examination procedure before the EPO as an IPEA
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  8. Third scenario: the EPO did not act as ISA and the EPO as IPEA has no objections
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International preliminary examination before the EPO: four scenarios

Overview

4.2.6.4 Third scenario: the EPO did not act as ISA and the EPO as IPEA has no objections 

4.2.023If the WO‑ISA was issued by an ISA other than the EPO, the WO‑ISA is not considered to be the first written opinion of the EPO as IPEA (see point 4.2.016). However, if the EPO as IPEA has no objections to the (amended) application for which preliminary examination has been requested, it may proceed to issue the IPER immediately if it is in possession of the elements listed in Rule 69.1(a) PCT (see point 4.1.027).

Art. 34(2)(c) PCT

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