7.030. May the applicant respond to the written opinion of the International Searching Authority? Even though no special provisions are included in the Regulations providing for the applicant to comment on the written opinion of the International Searching Authority, in accordance with the decision of the PCT Assembly, applicants may submit comments on an informal basis to the International Bureau. The purpose of such informal comments is to give the applicant an opportunity to rebut the written opinion of the International Searching Authority in the event that international preliminary examination is not requested. There is no maximum word count for informal comments. When submitting informal comments to the International Bureau, they should be clearly identified as such. Informal comments will be made publicly available on PATENTSCOPE as from the date of international publication. It is recommended to submit informal comments before the expiration of 28 months from the priority date, so that they will be available to designated Offices upon entry into the national phase. Any informal comments received after 30 months from the priority date will only be kept in the file of the International Bureau and not be transmitted to the designated Offices. As far as the language of the informal comments is concerned, it is the practice of the International Bureau to accept and communicate to designated Offices informal comments in any language. Any formal response to the written opinion of the International Searching Authority must be submitted directly to the International Preliminary Examining Authority under Article 34 as part of the procedure under Chapter II. If a demand is filed, informal comments submitted under Chapter I will not be forwarded to the designated Offices, however they will still be made available to the public on PATENTSCOPE.
Date retrieved: 24 November 2017