GA D II 13 Fourth case: The EPO did not act as ISA and the EPO as IPEA has objections

If the WO-ISA was issued by another ISA, the WO-ISA is not considered to be the first written opinion of the EPO as IPEA (see point 377). If the EPO as IPEA has objections to the application for which preliminary examination has been requested, it will issue a first written opinion. The applicant may respond to this written opinion by filing amendments and/or arguments within the time limit set therein. A second written opinion will be issued on condition that the applicant has filed amendments and/or arguments to overcome any objections raised in the first written opinion and that there remain objections outstanding such that the IPER would be negative if it were to be issued on the basis of the file as it stands.

4 references found.

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EPO Guide for Applicants, part II Int.

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

PCT Implementing Rules