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…
Read MoreWhat 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…
Read MoreWhat are the key components of a further written opinion in international preliminary examination?
A further written opinion issued during international preliminary examination should address several key points. The MPEP outlines these components: Defects in the application as described in PCT Article 34(4) Negative findings on novelty, inventive step, or industrial applicability Defects in form or contents of the application Amendments that go beyond the original disclosure Observations on…
Read MoreWhen is a further written opinion issued during international preliminary examination?
A further written opinion should be issued when: The applicant provides a persuasive argument that the written opinion from the International Searching Authority was improper regarding novelty, inventive step, or industrial applicability. The examiner considers any claims to lack novelty, inventive step, or industrial applicability based on new art not necessitated by amendments. According to…
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