GA D II 10 First case: The EPO acted as ISA and made no objections

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If the WO-ISA established by the EPO as ISA contains no objections to the international application ("positive WO-ISA"), the EPO as IPEA will consider the WO-ISA as the first written opinion for the purposes of international preliminary examination (see point 371). The EPO as IPEA will in this case use its discretion in proceeding to issue the IPER immediately after expiry of the time limit for filing the demand. Therefore, with the exception of the top-up search, the IPER will have no added value over the information provided in the WO-ISA, unless the applicant files amendments and/or arguments for the EPO to take into account as IPEA.

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EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - D The EPO as an IPEA

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