6.3.3 Consideration of the contents of the IPER

If the IPER has been drawn up by the EPO, it must be regarded as an opinion for purposes of examination, and generally the first communication will be based on this opinion and any response to it filed by the applicant in accordance with Rule 161(1) (A‑XIV, 3). The opinion expressed in the IPER may be departed from if new facts relevant to assessing patentability come to light (e.g. if further prior-art documents are to be cited or if evidence is produced of unexpected effects), where the substantive patentability requirements under the PCT and the EPC are different or where, in their response to the IPER in accordance with Rule 161(1), applicants provide convincing arguments, appropriate amendments or relevant counter-evidence or, conversely, amendments which introduce further deficiencies.

Examination reports drawn up by other IPEAs must be examined carefully. If the reasons put forward in the IPER are sound, they must not be disregarded.