What is the time limit for responding to a further written opinion in PCT examination?
The MPEP provides guidance on the time limit for responding to a further written opinion during international preliminary examination:
The examiner is further required to fully state the reasons for his/her opinion (PCT Rule 66.2(b)) and invite a written reply, with amendments where appropriate (PCT Rule 66.2(c)), normally setting a 2 month time limit for the reply.
This means that applicants typically have 2 months to respond to a further written opinion. However, it’s important to note that:
- Replies received after the expiration of the set time limit may not be considered in preparing the international preliminary examination report.
- In some cases, where an amendment improves the application’s condition for examination, it may be considered even if submitted late.
If no reply is received within the time limit, the examiner will proceed with preparing the international preliminary examination report after the deadline has passed.
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