What should I do if I receive a negative first opinion from the EPO as ISA?

If you receive a negative international search report (ISR) and written opinion (WO-ISA) from the EPO, this does not necessarily mean that the objections raised may not be overcome. In fact, very few applications receive a fully positive WO-ISA. You can react to the “negative” ISR and WO-ISA:

• by filing amendments to the claims under Article 19 PCT with the IB. At the same time, you can file a brief statement explaining the amendments and indicating any impact that such amendments might have on the description and the drawings
  
  and/or

• by filing a demand for international preliminary examination directly with the EPO as IPEA. This is useful if you believe that you can file amendments and/or arguments which could lead to a "positive" international preliminary examination report (IPER).

If you do not file amendments and/or arguments in reply to the WO-ISA during the international phase, you can still file a reply to the WO-ISA either on entry into the European phase or, at the latest, in reply to the communication under Rules 161 and 162 EPC, which is issued shortly after you have effectively entered the European phase. In fact, a reply to the communication under Rules 161 and 162 EPC is mandatory if the WO-ISA issued by the EPO as ISA was negative and you have not yet filed a reply to it during the international phase. If you intend to waive your right to a receipt of the communication under Rules 161 and 162 EPC, the mandatory reply to the WO-ISA must be filed on entry into the European phase.