Opinion given in the IPER (Form 409) 

Art. 35(2) specifies that the report shall not contain any statement on the question of whether the claimed invention is or seems to be patentable or unpatentable according to any national law. Moreover, the purpose of the preliminary examination is merely to give an opinion, but it does not lead to a grant or a refusal of the application. In these circumstances, therefore, the report should not give the impression that any part of the application may or may not be allowable. It will only state whether or not the claims meet certain criteria.

Quick Navigation