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, there are several ways to overcome any of the objections raised:

• 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  request for international preliminary examination (chapter II demand) 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 issued by the EPO during the international phase, you can still file a reply to the WO-ISA either on entry into the European phase or 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 or when entering the European phase. If you intend to waive your right to receive the communication under Rules 161 and 162 EPC, it is mandatory to file the reply to the WO-ISA on entry into the European phase to render the waiver valid.