When might the ISA not establish an opinion on novelty, inventive step, and industrial applicability?

The International Searching Authority (ISA) may decide not to establish an opinion on novelty, inventive step, and industrial applicability for certain claims in specific circumstances. According to the MPEP, these circumstances include:

1. The international application relates to subject matter for which the ISA is not required to establish a written opinion
2. The description, claims, or drawings are so unclear, or the claims are so inadequately supported by the description, that no meaningful opinion can be formed
3. The subject matter of the claims relates to inventions for which no international search report will be established

In such cases:

“The ISA indicates, in Box No. III of the written opinion of the International Searching Authority (Form PCT/ISA/237), that no opinion with regard to novelty, inventive step or industrial applicability will be established with regard to those claims.”

The examiner typically provides reasons for not establishing an opinion, often referring to the international search report or the declaration of non-establishment of the international search report for further details. This ensures transparency in the examination process and provides applicants with clear information about the status of their claims.

To learn more:

• International Searching Authority
• novelty
• inventive step
• industrial applicability
• PCT