What must be included in the Written Opinion of the International Searching Authority?
The Written Opinion of the International Searching Authority must include specific elements as mandated by MPEP 1845:
“The applicant must be notified in the written opinion of the defects found in the application. The examiner is further required to fully state the reasons for his/her opinion (PCT Rules 66.1bis and 66.2(b)) and invite a written reply, with amendments where appropriate (PCT Rule 66.2(c)).”
In summary, the Written Opinion must:
- Notify the applicant of any defects in the application
- Provide a full explanation of the examiner’s reasoning
- Invite the applicant to reply in writing and make amendments if necessary
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