While the search and the accompanying written opinion under Chapter I are mandatory for applicants, examination under Chapter II is optional.
For the usefulness of PCT Chapter II for the applicant, see the Euro-PCT Guide, points 297-301.
The end product of the PCT procedure is the international preliminary report on patentability (IPRP) Chapter I or Chapter II. This report will be the result: [Rules 44bis; 70; ]
In its capacity as an International Preliminary Examining Authority (i.e. under Chapter II of the PCT), the EPO is empowered to carry out international preliminary examination (IPE), the objective of which is to formulate a preliminary and non-binding opinion on whether the claimed invention appears to be novel, to involve an inventive step and to be industrially applicable. When appropriate an opinion will also be given on added subject-matter, unity, insufficient disclosure and clarity or support issues, as well as formal defects.[Article 33(1); GL/ISPE 19.02; ]
The international preliminary examination does not lead to either a grant or a refusal of a patent; instead, at the end of the procedure, a report – the IPRP Chapter II or IPER – is established. The procedure under Chapter II allows the applicant to submit amendments and arguments in response to the WO-ISA and, if applicable, to a WO-IPEA, which will be taken into account when establishing the report. [Rule 66; GL/ISPE 3.19; ]
The EPO is a Preliminary Examining Authority for the vast majority of PCT contracting states. All applications are treated in the same manner irrespective of their country of origin.[Art. 32; Rule 59; GL/ISPE 1.13; 1.15; ]
Date retrieved: 24 November 2017
11 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPO PCT GL - C Procedureal Aspects Chapter II
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
PCT Implementing Rules
XR.44bis PCT International Preliminary Report on Patentability by the International Searching Authority