GA C3.2.2 3.2.2.

Establishing the ISR and the WO-ISA 
3.2.005
For every international application the EPO as ISA issues either an International Search Report (ISR) or, in exceptional cases, a "Declaration of Non-Establishment of International Search Report" (see point 3.3.003), and a Written Opinion of the International Searching Authority (WO-ISA).
Art. 15, 18 PCT
R. 43, 43bis, 44 PCT
OJ 2003, 574
3.2.006
The procedure for establishing the ISR and the WO-ISA is similar to that for establishing the European search report and the European Search Opinion (ESOP). 
3.2.007
The WO-ISA provides the applicant with a preliminary non-binding written opinion on the question whether the claimed invention appears to be novel, to involve an inventive step and to be industrially applicable. A WO-ISA established by the EPO as ISA will be comparable to the written opinion established by the EPO for a Euro-direct application (ESOP) (see point 3.2.002).
R. 43bis.1 PCT
3.2.008
Where appropriate, the WO-ISA will also provide an opinion on issues such as added subject-matter, unity of invention, insufficiency of disclosure, support for the claims in the description, clarity, conciseness and formal defects (e.g. missing reference signs). 
3.2.009
The WO-ISA may be positive or negative. A WO-ISA is qualified as positive if it contains no objections or only minor objections which would not prevent a direct grant in the European phase. In any other case the WO-ISA is considered negative (see point 3.2.013).
3.2.010
The ISR is established within three months from receipt of the search copy at the EPO as ISA or within nine months from the earliest priority date, whichever time limit expires later. 
R. 42 PCT
WIPO PCT Guide 7.023  
3.2.011
The WO-ISA is established at the same time as the ISR. Both documents are sent to the applicant and the IB. The applicant also receives a copy of each document cited in the ISR. 
3.2.012
As from 1 January 2018, an information sheet ("Information on Search Strategy") is annexed to all search reports drawn up by the EPO under both the PCT and EP procedures. This information sheet contains details about the databases and keywords used by examiners to retrieve the relevant prior art, as well as the classification symbols defining the extent of the search. Information sheets are made available via file inspection on WIPO's PATENTSCOPE and in the European Patent Register upon publication of the search report. 
OJ 2017, A106
OJ 2019, A17
3.2.013
If the EPO acted as ISA (but not as IPEA), the applicant must provide a substantive response to any deficiencies set out in the WO-ISA ("negative WO-ISA") upon entry into the European phase ("mandatory response") (see points 5.4.025 ff).
R. 161 EPC
GL/EPO E‑IX, 3.2

Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c3_2_2.html

Date retrieved: 17 May 2021

20 references found.

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EPC Implementing Rules

EPO Guidelines - E General Procedural Matters

EPO Guide for Applicants, part II Int.

EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA

PCT Articles

PCT Implementing Rules

Offical Journal of the EPO