GA C II 2 Establishing the ISR and the WO-ISA

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).
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). 
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).
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).
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).
The ISR is established and then transmitted to the applicant and the IB within three months from receipt of the search copy of the application at the EPO as ISA or within nine months from the earliest priority date, whichever time limit expires later.
WIPO PCT Guide 7.023  
The WO-ISA will be preparedis established at the same time as the ISR for delivery together with the ISR. Both documents are sent to the applicant and the IB. The EPO sends the ISR including the WO-ISA to The applicant together withalso receives a copy of each document cited in the ISR.
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).

17 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

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

PCT Articles

PCT Implementing Rules