When is a further written opinion required in international preliminary examination?
A further written opinion is required in international preliminary examination under specific circumstances. According to the MPEP:
However, a further written opinion must be prepared if applicant files a response which includes a persuasive argument that the written opinion issued by the International Searching Authority was improper because of a negative opinion with respect to a lack of novelty, inventive step (non-obviousness) or industrial applicability as described in PCT Article 33(2) – (4); and which results in the examiner considering any of the claims to lack novelty, inventive step (non-obviousness) or industrial applicability as described in PCT Article 33(2) – (4) based on new art not necessitated by any amendment.
In such cases, the examiner should establish the further written opinion as the Written Opinion of the International Preliminary Examining Authority (Form PCT/IPEA/408).
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