For eachevery international application the EPO as ISA issues botheither an International Search Report (ISR) or, in exceptional cases, a "Declaration of Non-Establishment of the ISRInternational Search Report" (see point 251252), and a Written Opinion of the International Searching Authority (WO-ISA).
OJ 2003, 574
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 218219).
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 hinderprevent a direct grant in the European phase. In any other case the WO-ISA is considered negative (see point 228229).
WIPO PCT Guide 7.023
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 497498 ff).
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c_ii_2.html
Date retrieved: 24 November 2017
17 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.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
EPO Guide for Applicants, part II Int. - D The EPO as an IPEA
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
XGA E IV 6 Amendments and the Rule 161 EPC/Rule 162 EPC communication if no supplementary European search is carried out